McManus v. Stewart
This text of 104 F. App'x 660 (McManus v. Stewart) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
MEMORANDUM
Charles McManus appeals the district court’s denial of his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.
The district court resolved the case on timeliness grounds. However, as the district court correctly noted, it is bound by the state court’s factual findings regarding petitioner’s claims that his due process rights were violated because of false testimony and witness tampering. See 28 U.S.C. § 2254(e)(1). Accordingly, we conclude that petitioner’s due process claims fail.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
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104 F. App'x 660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmanus-v-stewart-ca9-2004.