Justin Howard v. Byron Hibshman

FILED

NOT FOR PUBLICATION MAR 10 2015

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JESUS MUNOZ, No. 12-56440

Petitioner - Appellant, D.C. No. 3:12-cv-00300-BLM

v.

MEMORANDUM*

A. M. GONZALES, Acting Warden;

JEFFREY BEARD,

Respondents - Appellees.

Appeal from the United States District Court for the Southern District of California Barbara Lynn Major, Magistrate Judge, Presiding

Submitted March 2, 2015** Pasadena California

Before: PREGERSON, FERNANDEZ, and NGUYEN, Circuit Judges.

Jesus Munoz appeals the district court’s denial of his 28 U.S.C. § 2254

petition. We have jurisdiction pursuant to 28 U.S.C. § 1291. Because the

* 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). California Court of Appeal’s denial of Munoz’s claim was neither contrary to, nor

an unreasonable application of, clearly established United States Supreme…