Nathan Rivera v. Brian Cates

Good Law
United States Court of Appeals for the Ninth CircuitSeptember 13, 202422-55602California436 words

Opinion

Opinion

FILED

NOT FOR PUBLICATION

SEP 13 2024

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

NATHAN RIVERA, No. 22-55602

Petitioner-Appellant, D.C. No. 3:21-cv-01586-TWR-AGS v.

BRIAN CATES, Warden, MEMORANDUM*

Respondent-Appellee.

Appeal from the United States District Court for the Southern District of California Todd W. Robinson, District Judge, Presiding

Argued and Submitted September 9, 2024 Pasadena, California

Before: IKUTA, FRIEDLAND, and LEE, Circuit Judges.

Petitioner Nathan Rivera appeals the district court’s denial of his petition for

writ of habeas corpus brought under 28 U.S.C. § 2254. We have jurisdiction under

§ 2253 and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. “Courts can . . . deny writs of habeas corpus under § 2254 by engaging in de

novo review . . . because a habeas petitioner will not be entitled to a writ of habeas

corpus if his or her claim is rejected on de novo review.” Berghuis v. Thompkins,

560 U.S. 370,…

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