Rivas

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT FEB 19 2010

MOLLY C. DWYER, CLERK

U .S. C O U R T OF APPE ALS

ROY C. RIVAS, Jr., No. 07-56165

Petitioner - Appellant, D.C. No. CV-04-01154-J(JMA)

v.

MEMORANDUM *

STUART J. RYAN,

Respondent - Appellee.

Appeal from the United States District Court for the Southern District of California Napoleon A. Jones, District Judge, Presiding

Argued and Submitted February 5, 2010 Pasadena, California

Before: SCHROEDER, FISHER and N.R. SMITH, Circuit Judges.

Roy Rivas, a California state prisoner, appeals the district court’s denial of

his 28 U.S.C. § 2254 habeas petition. Rivas argues he was denied a fair trial

because the jury foreman lied during voir dire. He further argues he was deprived

of a peremptory challenge because of the untruthful answers.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. The California Court of Appeal did not unreasonably determine that the jury

foreman, Rudy Medina, answered all questions on voir dire…