Benny Williams v. J. Walker

FILED

DEC 08 2011

NOT FOR PUBLICATION

MOLLY C. DWYER, CLERK

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

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

BENNY WILLIAMS, ) No. 09-57060 ) Petitioner - Appellant, ) D.C. No. 3:07-cv-00959-BTM-AJB ) v. ) )

J. WALKER; JERRY BROWN; JAY )

WALKER, ) MEMORANDUM*

) Respondents - Appellees. ) ) )

Appeal from the United States District Court for the Southern District of California Barry Ted Moskowitz, U.S. District Judge, Presiding

Argued and Submitted September 1, 2011 Pasadena, California

Before: SCHROEDER and GOULD, Circuit Judges, and NAVARRO,** U.S. District Judge, Presiding.

Petitioner-Appellant Benny Williams challenges the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm. Williams’ petition was timely under the AEDPA. Although the California Supreme Court denied his petition with a citation to In re Clark, 5 Cal.4th 750 (1993), this alone is not a sufficient indication that the court’s citation to Clark was meant to infer that the petition…