Nathaniel E. Usher, Petitioner-appellant, v. William Duncan, Warden, Respondent-appellee, 73 F.3d 371 (9th Cir. 1995)

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U.S. Court of Appeals for the Ninth Circuit - 73 F.3d 371 (9th Cir. 1995)

Submitted Dec. 19, 1995. *Decided Dec. 29, 1995


Before: SNEED, TROTT and HAWKINS, Circuit Judges.


MEMORANDUM** 

California state prisoner Nathaniel E. Usher appeals pro se the district court's dismissal of his fifth 28 U.S.C. § 2254 habeas petition as an abuse of the writ. We have jurisdiction and we affirm for the reasons stated in the district court's order filed on September 6, 1995. See McCleskey v. Zant, 499 U.S. 467, 489 (1991).

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