John Marks v. Calvin Johnson

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 18 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOHN JOEY MARKS, No. 22-16768

Petitioner-Appellant, D.C. No. 2:17-cv-01413-JCM-BNW v.

CALVIN JOHNSON; ATTORNEY MEMORANDUM*

GENERAL FOR THE STATE OF

NEVADA,

Respondents-Appellees.

Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding

Argued and Submitted November 5, 2024 Phoenix, Arizona

Before: HAWKINS, TASHIMA, and OWENS, Circuit Judges.

John Marks appeals from the district court’s denial of his second amended

habeas petition challenging his conviction via guilty plea to robbery with use of a

deadly weapon. As the parties are familiar with the facts, we do not recount them

here. We review the district court’s conclusion that his claims are procedurally

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. defaulted de novo. Cooper v. Neven, 641 F.3d 322, 326 (9th Cir. 2011). We

affirm.

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