Clifford E. Osborn, Petitioner-appellant, v. Ron Angelone, et al., Respondent-appellee, 962 F.2d 14 (9th Cir. 1992)

MEMORANDUM^** 

Clifford Osborn appeals the district court's denial of his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Osborn claims that the Nevada state court committed constitutional error by accepting his pleas of guilty and nolo contendere without obtaining from Osborn an express waiver of the right against self-incrimination. We affirm.

Contrary to Osborn's contention, the Constitution does not require that a court obtain an express waiver of the right against self-incrimination prior to accepting a guilty plea. Wilkins v. Erickson, 505 F.2d 761, 763 (9th Cir. 1974). Furthermore, we cannot consider Osborn's contention that Nevada law imposes such a requirement. See Estelle v. McGuire, 112 S. Ct. 475, 480 (1991) ("it is not the province of a federal habeas court to reexamine state court determinations on state law questions"); Middleton v. Cupp, 768 F.2d 1083, 1085 (9th Cir. 1985), cert. denied, 478 U.S. 1021 (1986); 28 U.S.C. §§ 2254(a), 2241(c).

Finally, the transcripts of the state court proceedings provided a sufficient basis for the district court's ruling; no evidentiary hearing was necessary. See Wilkins, 505 F.2d at 764; see also United States v. Newman, 912 F.2d 1119, 1123-24 (9th Cir. 1990).

AFFIRMED.