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COMER v. SCHRIRO

No. 98-99003.

480 F.3d 960 (2007)

Robert Charles COMER, Petitioner-Appellant, v. Dora B. SCHRIRO, Director, of Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 15, 2007.

Attorney(s) appearing for the Case

Denise I. Young, Tucson, AZ; Julie S. Hall, Tucson, AZ, for the petitioner-appellant.

Michael D. Kimerer, Phoenix, AZ; Holly R. Gieszl, Phoenix, AZ, special counsel for the petitioner-appellant.

John Pressley Todd, Assistant Attorney General, Phoenix, AZ, for the respondent-appellee.

Before MARY M. SCHROEDER, Chief Judge, HARRY PREGERSON, ALEX KOZINSKI, PAMELA ANN RYMER, ANDREW J. KLEINFELD, KIM McLANE WARDLAW, W. FLETCHER, RAYMOND C. FISHER, RICHARD A. PAEZ, RICHARD C. TALLMAN, JOHNNIE B. RAWLINSON, RICHARD R. CLIFTON, JAY S. BYBEE, MILAN D. SMITH, JR., and SANDRA S. IKUTA, Circuit Judges.

PER CURIAM.

After appealing the District Court's denial of his 28 U.S.C. § 2254 petition, Petitioner Robert Comer ("Comer") moved pro se to waive further federal proceedings, to terminate representation by his habeas counsel, and for dismissal of his appeal. A three-judge panel of our court remanded for the District Court to determine (1) whether Comer is competent to waive further proceedings and (2) whether he has chosen to do so voluntarily. See Comer v...

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