Unpublished Disposition, 859 F.2d 924 (9th Cir. 1988)

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US Court of Appeals for the Ninth Circuit - 859 F.2d 924 (9th Cir. 1988)

Michael KNAUBERT, Petitioner-Appellant,v.Warden GOLDSMITH and Attorney General of the State ofArizona, Respondents- Appellees.

No. 87-2637.

United States Court of Appeals, Ninth Circuit.

Submitted July 28, 1988* .Decided Sept. 21, 1988.

D. Ariz., 791 F.2d 722.

AFFIRMED.

Appeal from the United States District Court for the District of Arizona. William P. Copple, District Judge, Presiding.

Before SKOPIL, SCHROEDER, and ALARCON, Circuit Judges.


MEMORANDUM** 

Michael Knaubert, an Arizona State prisoner, appeals the district court's dismissal of his petition for habeas corpus relief under 28 U.S.C. § 2254. This is Knaubert's second federal habeas petition. The district court denied the first petition and this court affirmed the denial. Knaubert v. Goldsmith, 791 F.2d 722 (9th Cir.), 107 S. Ct. 228 (1986). Knaubert contends in his current petition that: (1) evidence against him was obtained through an illegal search and seizure; (2) his confession was involuntary; (3) his competency hearing was invalid because he was not sent to a state hospital for observation; (4) the police lost or destroyed evidence; (5) the judge and prosecutor conspired against him; and (6) the judge was biased against him.

The judgment is affirmed. The district court properly dismissed as successive Knaubert's illegal search and seizure and involuntary confession claims under the three-part test of Sanders v. United States, 373 U.S. 1, 15 (1963). On a prior application for habeas relief, Knaubert raised the same claims, the claims were dismissed on the merits in that prior application, and the district court record of Knaubert's current application clearly reflects the district court's view that the "ends of justice" do not require reconsideration of these claims. See Richmond v. Ricketts, 774 F.2d 957, 960 (9th Cir. 1985). Knaubert's remaining claims are so vague and conclusory as to warrant dismissal without an evidentiary hearing. See Bashor v. Risley, 730 F.2d 1228, 1233-34 (9th Cir.), 469 U.S. 838 (1984).

AFFIRMED.

 *

The panel finds this case appropriate for submission without argument pursuant to 9th Cir.R. 34-4 and Fed. R. App. P. 34(a)

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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