Delgado

Delgado v. McDowell

Good Law
United States Court of Appeals for the Ninth CircuitSeptember 20, 202423-1964California1,224 words

Opinion

Opinion

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 20 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

No. 23-1964

EZEKIEL ISIAH DELGADO,

Petitioner-Appellant, D.C. No. 2:21-cv-01084-TLN-DB

v.

MEMORANDUM*

NEIL McDOWELL,

Respondent-Appellee.

Appeal from the United States District Court for the Eastern District of California Troy L. Nunley, District Judge, Presiding

Argued and Submitted September 9, 2024 San Francisco, California

Before: GOULD and BUMATAY, Circuit Judges, and SEABRIGHT,** District Judge.

Ezekiel Isiah Delgado appeals the district court’s denial of his 28 U.S.C.

§ 2254 habeas petition, filed after a California Court of Appeal (“CCA”) affirmed

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable J. Michael Seabright, United States District Judge for the District of Hawaii, sitting by designation. his conviction for two counts of first-degree murder and a firearms offense, and

after the California Supreme Court denied review. We have jurisdiction under

U.S.C. §§ 1291 and…

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