Dominic Bailey v. John Myrick

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 7 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DOMINIC BAILEY, No. 20-35549

Petitioner-Appellant, D.C. No. 2:15-cv-01423-HZ

v.

MEMORANDUM*

JOHN MYRICK,

Respondent-Appellee.

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

Submitted October 5, 2021** Portland, Oregon

Before: W. FLETCHER, IKUTA, and BRESS, Circuit Judges.

Dominic Bailey appeals the district court’s denial of his habeas petition under

28 U.S.C. § 2254. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.

We review a district court’s denial of a § 2254 petition de novo. Cain v.

Chappell, 870 F.3d 1003, 1012 (9th Cir. 2017). Bailey’s petition is governed by the

* 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). Antiterrorism and Effective Death Penalty…