Lux

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 25 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

EVAN P. LUX, No. 23-4019 D.C. No. Petitioner - Appellant, 6:21-cv-00004-IM v. MEMORANDUM*

COREY FHUERE, Superintendent, Oregon State Penitentiary,

Respondent - Appellee.

Appeal from the United States District Court for the District of Oregon Karin J. Immergut, District Judge, Presiding

Argued and Submitted February 5, 2026 Portland, Oregon

Before: BEA, CHRISTEN, and DESAI, Circuit Judges.

Evan P. Lux appeals the district court’s order denying his petition for writ of

habeas corpus pursuant to 28 U.S.C. § 2254. Because the parties are familiar with

the facts, we do not recount them here. We have jurisdiction pursuant to 28 U.S.C.

§§ 1291 and 2253. We review de novo the denial of a petition for writ of habeas

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. corpus. Earp v. Davis, 881 F.3d 1135, 1142 (9th Cir. 2018). We review…