Court of Appeals for the Ninth Circuit July 30, 1998, No. 97-99011 (Babbitt v. Calderon)

.. CYNTHIA HOLCOMB HALL, Circuit Judge:

Appellant Manuel Pina Babbitt appeals the district court’s order granting the state’s motion for summary dismissal of Babbitt’s peti*1173tion for writ of habeas corpus. The district court had jurisdiction under 28 U.S.C. § 2254. This court has .jurisdiction under 28 U.S.C. §§ 2253 and 2254, and we affirm.