David Leonard Baker v. Attorney General of the State of California

97 F.3d 1458 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David Leonard BAKER, Petitioner-Appellant, v. ATTORNEY GENERAL OF the STATE OF CALIFORNIA, Respondent-Appellee. No. 95-16686. United States Court of Appeals, Ninth Circuit. Submitted Sept. 23, 1996. ** Decided Sept. 27, 1996. 1 Before: CANBY and FERNANDEZ, Circuit Judges, and JONES * District Judge. ORDER 2 Petitioner David Leonard Baker, a California state prison inmate proceeding pro se, appeals the district court's dismissal of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . 3 Baker's petitions for habeas corpus to the California Supreme Court were denied pursuant to Ex parte Swain, 209 P.2d 793, 796 (Cal.1949) (petitioner must "allege with particularity the facts upon which he would have a final judgment overturned"), cert. denied, 338 U.S. 944 (1950), and Ex parte Miller, 112 P.2d 10 (Cal.1941) (per curiam) (state supreme court will not review second habeas petition based on same…