Honorio Bautista v. Luis Martinez

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 21 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

HONORIO BAUTISTA, No. 21-17075

Petitioner-Appellant, D.C. No. 3:20-cv-01893-VC

v.

MEMORANDUM*

LUIS MARTINEZ,

Respondent-Appellee.

Appeal from the United States District Court for the Northern District of California Vince Chhabria, District Judge, Presiding

Argued and Submitted July 12, 2024 San Francisco, California

Before: HIGGINSON,** MENDOZA, and DESAI, Circuit Judges.

Honorio Bautista, a California state prisoner, appeals the district court’s

denial of his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under

U.S.C. §§ 1291 and 2253. We review the district court’s decision to deny a § 2254

habeas petition de novo and its findings of fact for clear error. Rogers v. Dzurenda,

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Stephen A. Higginson, United States Circuit Judge for the U.S. Court of Appeals for the Fifth Circuit, sitting by…