Anthony Delarosa v. John Myrick

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 19 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANTHONY MICHAEL DELAROSA, No. 20-35058

Petitioner-Appellant, D.C. No. 2:15-cv-02379-JR

v.

MEMORANDUM*

JOHN MYRICK, Superintendent Two Rivers Correctional Institution,

Respondent-Appellee.

Appeal from the United States District Court for the District of Oregon Marco A. Hernandez, Chief District Judge, Presiding

Argued and Submitted March 1, 2021 Portland, Oregon

Before: PAEZ and WATFORD, Circuit Judges, and TUNHEIM,** District Judge. Dissent by Judge WATFORD

Petitioner Anthony Michael DelaRosa appeals the district court’s denial of

his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C.

§§ 1291 and 2253. Reviewing de novo, Kipp v. Davis, 971 F.3d 939, 948 (9th Cir.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable John R. Tunheim, Chief United States District Judge for the District of Minnesota, sitting by designation. 2020), we reverse and…