TURK v. WHITE

No. 95-17319.

116 F.3d 1264 (1997)

Allen R. TURK, Petitioner-Appellant, v. Theo WHITE, Warden; Daniel E. Lungren, Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 21, 1997.

As Amended June 20, 1997.


Attorney(s) appearing for the Case

John P. Balazs and Connie M. Alvarez, Assistant Federal Public Defenders, Sacramento, California, for petitioner-appellant.

Ward A. Campbell, Deputy Attorney General, Sacramento, California, for respondents-appellees.

Before: GOODWIN, WALLACE, and RYMER, Circuit Judges.


WALLACE, Circuit Judge:

Turk, a California state prisoner, appeals from the district court's denial of his petition for writ of habeas corpus under 28 U.S.C. § 2254. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. §§ 1291 and 2253. We affirm.

I

On April 25, 1985, while serving a life sentence for a 1981 second degree murder conviction, Turk got into an argument with Correctional Officer Bradley. At Turk's request...

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