Richard Nolan v. Charles Callahan

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 27 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RICHARD ALAN NOLAN, No. 20-55714

Plaintiff-Appellee, D.C. No. 8:18-cv-00847-FMO (MAA) v.

CHARLES CALLAHAN, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the Central District of California Hon. Fernando M. Olguin, Presiding

Submitted August 3, 2021** Pasadena, California

Before: PAEZ, CALLAHAN, and BENNETT, Circuit Judges.

Richard Nolan appeals the district court’s dismissal of his petition for writ of

habeas corpus. The district court dismissed the petition for procedural default

under California’s timeliness rule. We have jurisdiction under 28 U.S.C. § 1291

* 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). and § 2253, and we affirm.

“We review de novo a district court’s dismissal of a…