Kenneth Moyer v. Joe McGrath

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NOT FOR PUBLICATION JUN 23 2010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

KENNETH R. MOYER No. 08-17322

Petitioner - Appellant, D.C. No. 3CV-S-03-01719

JAM/JFM

v.

JOE McGRATH, Warden MEMORANDUM *

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of California John A. Mendez , District Judge, Presiding

Argued and Submitted April 12, 2010 San Francisco, California

Before: SCHROEDER and N.R. SMITH, Circuit Judges, and MOODY, District Judge.**

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable James Maxwell Moody, Senior United States District Judge for the Eastern District of Arkansas, sitting by designation.

1 Kenneth R. Moyer appeals the denial by the district court of his petition for a

writ of habeas corpus. The district court had jurisdiction under 28 U.S.C. § 2254,

and we have jurisdiction under 28 U.S.C. §§ 1291 and 2253. We review the district

court’s…