David Nolette v. Don Helling

FILED

NOT FOR PUBLICATION DEC 13 2010

MOLLY C. DWYER, CLERK

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

FOR THE NINTH CIRCUIT

WALTER HOWARD WHITE, No. 09-15840

Petitioner - Appellant, D.C. No. 1:07-cv-00749-WQH-

WMC

v.

DERRAL G. ADAMS, MEMORANDUM *

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of California William Q. Hayes, District Judge, Presiding

** Submitted December 6, 2010

Before: GOODWIN, RYMER, and GRABER, Circuit Judges.

California state prisoner Walter Howard White appeals pro se from the

district court’s judgment dismissing his 28 U.S.C. § 2254 habeas petition. We

have jurisdiction under 28 U.S.C. § 2253(c), 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). White contends that the prison disciplinary officer deprived him of his due

process right to call witnesses at…