Theron Hall v. Mark Nooth

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 14 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

THERON D. HALL, No. 19-35248

Petitioner-Appellant, D.C. No. 2:14-cv-00569-SB

v.

MEMORANDUM*

MARK NOOTH,

Respondent-Appellee.

Appeal from the United States District Court for the District of Oregon Michael W. Mosman, District Judge, Presiding

Argued and Submitted October 6, 2021 Portland, Oregon

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

Theron Hall, an Oregon state prisoner, 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). To establish ineffective assistance

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. of counsel, Hall must demonstrate both deficient performance and prejudice under

Strickland v. Washington, 466 U.S. 668, 687 (1984). Hall’s…