Unpublished Disposition, 894 F.2d 1344 (9th Cir. 1990)

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US Court of Appeals for the Ninth Circuit - 894 F.2d 1344 (9th Cir. 1990)

Timothy E. DESS, Petitioner-Appellant,v.Henry RISLEY, Warden, Montana State Prison, Respondent-Appellee.

No. 88-4163.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 22, 1989.^* Decided Jan. 26, 1990.

Before JAMES R. BROWNING, KOZINSKI and RYMER, Circuit Judges.

MEMORANDUM^**

Petitioner has failed to show cause and prejudice relating to the procedural default on his claims of double jeopardy and denial of effective assistance of counsel. Murray v. Carrier, 477 U.S. 478 (1986). The district court properly declined to consider the merits of these claims.

The district court also properly declined to consider the merits of petitioner's claims 4 through 8. Petitioner unsuccessfully raised claims 4 through 7 in a prior petition for habeas, and we previously affirmed the district court's denial of a certificate of probable cause to appeal these issues. Dess v. Risley, Nos. 85-3852, 85-3853 (9th Cir. 1986) (unpublished order). Claim 8 involves a question of state law and, therefore, is not an appropriate matter for federal habeas. 28 U.S.C. § 2254.

AFFIRMED.

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

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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