Lampert

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOHN K. HENDERSON,  No. 03-35738 Petitioner-Appellant, v.  D.C. No.

CV-01-00042-TMC

ROBERT O. LAMPERT,

OPINION

Respondent-Appellee.  Appeal from the United States District Court for the District of Oregon Thomas M. Coffin, District Judge, Presiding

Argued and Submitted September 13, 2004—Portland, Oregon

Filed January 28, 2005

Before: J. Clifford Wallace, Ronald M. Gould, and Marsha S. Berzon, Circuit Judges.

Opinion by Judge Wallace

1211 1214 HENDERSON v. LAMPERT

COUNSEL

Barbara L. Creel, Assistant Federal Public Defender, Port- land, Oregon, for the petitioner-appellant.

Hardy Myers, Attorney General for Oregon, Mary H. Wil- liams, Solicitor General for Oregon, and Timothy A. Syl- wester, Assistant Attorney General, Salem, Oregon, for the respondent-appellee.

OPINION

WALLACE, Senior Circuit Judge:

State prisoner Henderson appeals from the district court’s judgment denying his habeas petition. The district court had jurisdiction under 28 U.S.C. § 2254, and we have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 2253.…