Ronny Fain v. Jack Palmer

MEMORANDUM

Ronny Lee Fain appeals the district court’s denial of his petition for writ of habeas corpus. We have jurisdiction under 28 U.S.C. §§ 1291 arid 2253(a). We affirm.

We review a district court’s denial of a habeas petition de novo. Musladin v. Lamarque, 555 F.3d 830, 835 (9th Cir.2009). A habeas petition challenging a state court conviction cannot be granted unless the decision was either “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States,” or “based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d).

Fain argues that the delay in resolving his appeal from his state court conviction violated his due process rights. However, this argument is precluded by binding circuit precedent, in which we previously held that “no clearly established Federal law, as determined by the Supreme Court of the United States recognizes a due process right to a speedy appeal.” Hayes v. Ay ers, 632 F.3d 500, 523 (9th Cir.2011) (citation and internal quotation marks omitted); see also Blair v. Martel, 645 F.3d 1151,…