Larry Farris, III v. George Stratton

FILED

NOT FOR PUBLICATION JUN 23 2010

MOLLY C. DWYER, CLERK

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

FOR THE NINTH CIRCUIT

LARRY JOHN FARRIS, III, No. 08-16403

Petitioner - Appellant, D.C. No. 1:04-cv-01758-GEB-

KJM

v.

GEORGE STRATTON, Acting Warden; MEMORANDUM *

SCOTT M. KERNAN,

Respondents - Appellees.

Appeal from the United States District Court for the Eastern District of California Garland E. Burrell, District Judge, Presiding

Submitted June 15, 2010 ** San Francisco, California

Before: O’SCANNLAIN, TASHIMA, and BEA, Circuit Judges.

Larry John Farris, III, pled guilty in state court to two counts of robbery and

admitted use of a firearm in exchange for a stipulated sentence of fourteen years.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). He did not appeal his conviction. After unsuccessfully pursuing state

postconviction relief, Farris…