Alton Eugene Walker v. Department of Corrections of Montana Lee Fisher, Attorney General of the State of Ohio

97 F.3d 1463 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alton Eugene WALKER, Petitioner-Appellant, v. DEPARTMENT OF CORRECTIONS OF MONTANA; Lee Fisher, Attorney General of the State of Ohio, Respondents-Appellees. No. 95-36274. United States Court of Appeals, Ninth Circuit. Submitted Sept. 23, 1996. * Decided Sept. 25, 1996. Before: FLETCHER, BRUNETTI, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Alton Eugene Walker appeals the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition. Walker contends that the district court erred by finding that because he had not yet been convicted when he attempted to invoke the Interstate Agreement on Detainers Act ("IADA"), the IADA did not apply. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo, applying the clearly erroneous standard to the district court's findings of fact, Riley v. Deeds, 56 F.3d 1117, 1119 (9th Cir.1995), and affirm. 3 Walker was indicted in 1974 for aggravated…