Harris

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 31 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

GERALD BRENT HARRIS, No. 24-642 D.C. No. Petitioner - Appellant, 1:19-cv-01203-JLT-SAB v.

MEMORANDUM*

SCOTT FRAUENHEIM, Warden,

Respondent - Appellee.

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

Argued and Submitted January 16, 2025 San Francisco, California

Before: H.A. THOMAS and MENDOZA, Circuit Judges, and BOLTON, District Judge.** Dissent by Judge BOLTON.

Gerald Brent Harris appeals the district court’s denial of his 28 U.S.C.

§ 2254 habeas petition. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253.

Our review of Harris’ petition is governed by the Antiterrorism and Effective

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Susan R. Bolton, United States District Judge for the District of Arizona, sitting by designation. Death Penalty Act (“AEDPA”). See 28 U.S.C.…