Daniel Lacey v. Brian Gootkin

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 17 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DANIEL GERARD LACEY, No. 19-36033

Petitioner-Appellant, D.C. No. 1:17-cv-00116-SPW

v.

MEMORANDUM*

BRIAN GOOTKIN, Director of Montana Department of Corrections; AUSTIN KNUDSEN, Montana Attorney General,

Respondents-Appellees.

Appeal from the United States District Court for the District of Montana Susan P. Watters, District Judge, Presiding

Submitted August 13, 2021** Seattle, Washington

Before: EBEL,*** BEA, and VANDYKE, Circuit Judges.

Prisoner Daniel Lacey appeals the district court’s denial of his habeas petition

alleging ineffective assistance of counsel. We have jurisdiction under 28 U.S.C.

* 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 David M. Ebel, United States Circuit Judge for the U.S. Court of Appeals for the Tenth…