Nathan Rivera v. Brian Cates
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NOT FOR PUBLICATION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,