Raul Maldonado v. R. J. Subia

MEMORANDUM

Raul Maldonado, a state prisoner, appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition for writ of habeas corpus challenging his jury conviction of murder with a handgun for the benefit of a criminal street gang. Maldonado contends that, in making certain custodial statements, he did not knowingly, intelligently, and voluntarily waive his rights under Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). Maldonado also seeks to expand the certificate of ap-pealability (“COA”) to address his claim that he did not reinitiate contact after invoking his right to counsel. The facts are known to the parties. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We affirm the district court’s dismissal and decline to expand the COA.

We review the decision to deny Maldonado’s petition for writ of habeas corpus under 28 U.S.C. § 2254 de novo. Bribiesca v. Galaza, 215 F.3d 1015, 1018 (9th Cir.2000). Under the Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), a habeas petition will not be granted with respect to any claim adjudicated on the merits in a state court unless the adjudication:

28 U.S.C. § 2254 (d). A…