Unpublished Disposition, 880 F.2d 417 (9th Cir. 1986)

No. 87-15169.

United States Court of Appeals, Ninth Circuit.

Before WALLACE and SCHROEDER, Circuit Judges, and DICKRAN M. TEVRIZIAN, Jr.,^**  District Judge.

MEMORANDUM^*** 

Appellant James Tatum previously appealed a district court's denial of a 28 U.S.C. § 2255 motion to this court. We affirmed the denial by unpublished disposition, but stated that because Mr. Tatum had been unable to secure a transcript of his 1965 trial, he could file a new petition after obtaining and reviewing the transcript. United States v. Tatum, Nos. 83-2640 & 84-2339, slip op. at 3-4 (9th Cir. Nov. 3, 1986). Appellant Tatum here appeals the district court's subsequent dismissal of that new petition.

In our earlier disposition, we concluded that although Tatum's claims in the earlier motion appeared to be groundless, he was not precluded from "filing another petition claiming ineffective assistance of counsel based upon specific allegations of misconduct and prejudice not presented to the district court." Id.

The record now demonstrates that Tatum has not made the requisite showing. He has filed another petition after reviewing his transcript, but that petition fails to state any new specific claims of ineffective assistance of counsel based on specific allegations of misconduct or prejudice warranting any evidentiary proceedings. Accordingly, the district court properly dismissed the petition.

AFFIRMED.