Rowell

Rowell v. Clark County Public Defender Office

Good Law
157 F. App'x 973
United States Court of Appeals for the Ninth CircuitNovember 29, 2005No. 04-15756California1,157 words

Opinion

Lead Opinion

Gibson, J.

MEMORANDUM **

Lamarr Rowell, a Nevada state prisoner, appeals the district court’s dismissal of his complaint seeking to compel the Clark County Public Defender’s Office to file an appeal on his behalf in state court challenging his state court convictions. The district court dismissed the complaint under 28 U.S.C. § 1915 (e), holding that it was insufficient as a matter of law. Rowell appealed, and we ordered the parties to brief the issue of whether the case requires a certificate of appealability. We conclude that it does not and affirm the judgment of the district court.

I.

Between July 1998 and July 1999, Ro.well pled guilty to drawing and passing a check without sufficient funds with intent to defraud and two counts of burglary. He executed three separate guilty plea agreements and is currently serving a four-to-ten year sentence with a projected release date of February 24, 2007. As a pro se litigant, Rowell has sought numerous forms of post-conviction relief in both the state and federal courts. His direct appeals in state court were dismissed as untimely and his state habeas petitions were denied. Rowell’s federal petitions for habeas corpus have been similarly…

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