Phelps

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KEVIN PHELPS,  No. 07-15167 Petitioner-Appellant, v.  D.C. No.

CV-98-02002-MMC

EDWARD ALAMEIDA,

OPINION

Respondent-Appellee.  Appeal from the United States District Court for the Northern District of California Maxine M. Chesney, District Judge, Presiding

Argued and Submitted January 13, 2009—San Francisco, California

Filed June 25, 2009

Before: Myron H. Bright,* Stephen Reinhardt and A. Wallace Tashima, Circuit Judges.

Opinion by Judge Reinhardt

*The Honorable Myron H. Bright, Senior United States Circuit Judge for the Eighth Circuit, sitting by designation. COUNSEL

Albert Joel Kutchins, Berkeley, California, for the petition- er-appellant.

Juliet B. Haley, Deputy Attorney General, San Francisco, Cal- ifornia, for the respondent-appellee.

OPINION

REINHARDT, Circuit Judge:

For over eleven years, Kevin Phelps has sought to present his petition for habeas corpus to a federal judge. For over eleven years, he has been unsuccessful. Given the trend these last decades on the part of Congress and the Supreme…