Daniel Cohen v. James Hill

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 12 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DANIEL COHEN, No. 22-15671

Petitioner-Appellant, D.C. No. 4:19-cv-01980-JST

v.

MEMORANDUM*

JAMES HILL, Warden,

Respondent-Appellee.

Appeal from the United States District Court for the Northern District of California Jon S. Tigar, District Judge, Presiding

Argued and Submitted August 23, 2024 San Francisco, California

Before: BERZON, BRESS, and VANDYKE, Circuit Judges.

Daniel Cohen appeals the district court’s denial of his petition for habeas relief

under 28 U.S.C. § 2254. We review the denial of a § 2254 petition de novo. Bolin

v. Davis, 13 F.4th 797, 804 (9th Cir. 2021). Cohen’s petition is governed by the

Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Because the

California Court of Appeals and California Supreme Court summarily denied review

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. of Cohen’s request for state post-conviction…