Bobby Reed Magby v. Donald Wawrzaszek and the Attorney General of the State of Arizona

PREGERSON, Circuit Judge:

Bobby Magby appeals a judgment of the United States District Court for the District of Arizona dismissing his petition for habeas corpus under 28 U.S.C. § 2254 (1982). This is Magby’s second federal habeas petition. The district court denied the first one, Magby v. Moran, Civ. No. 77-744r-Phx-WPC (D.Ariz. Jan. 3, 1978) (unpublished memorandum and order), and another panel of our court affirmed by memorandum, Magby v. Moran, 605 F.2d 562 (9th Cir.1979) (mem.), cert, denied, 444 U.S. 1016, 100 S.Ct. 669, 62 L.Ed.2d 646 (1980).

In renewing the attack on his conviction for…