Carlis Gragg v. K. Prosper

FILED

NOT FOR PUBLICATION DEC 09 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

CARLIS A. GRAGG, No. 09-17268

Petitioner - Appellant, D.C. No. 2:08-cv-02162-GGH

v.

MEMORANDUM *

K. PROSPER,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of California Gregory G. Hollows, Magistrate Judge, Presiding

Submitted December 7, 2010 ** San Francisco, California

Before: D.W. NELSON, THOMPSON, and McKEOWN, Circuit Judges.

Carlis A. Gragg appeals from the district court’s denial of his petition for

habeas corpus filed pursuant to 28 U.S.C. § 2254. We have jurisdiction under 28

U.S.C. § 1291, and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Gragg was found guilty of making a criminal threat in violation of California

Penal Code § 422. The California Court of Appeal affirmed…