Richard Phillips v. Dave Davey

FILED

NOT FOR PUBLICATION

AUG 30 2016

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RICHARD LOUIS ARNOLD PHILLIPS, No. 16-15487

Petitioner - Appellant, D.C. No. 1:14-cv-01068-LJO-SAB v.

DAVE DAVEY, Warden, California State MEMORANDUM* Prison at Corcoran,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of California Lawrence J. O’Neill, Chief Judge, Presiding

Submitted August 8, 2016** San Francisco, California

Before: WALLACE and GRABER, Circuit Judges, and LYNN,*** Chief District Judge.

Petitioner’s request for a certificate of appealability is DENIED.

* 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). *** The Honorable Barbara M. G. Lynn, United States Chief District Judge for the Northern District of Texas, sitting by designation.