Mark Crowder v. James Key

FILED

NOT FOR PUBLICATION

DEC 13 2021

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARK JOHN CROWDER, No. 21-35192

Petitioner-Appellant, D.C. No. 4:20-cv-05087-SMJ

v.

MEMORANDUM*

JAMES KEY,

Respondent-Appellee.

Appeal from the United States District Court for the Eastern District of Washington Salvador Mendoza, Jr., District Judge, Presiding

Submitted December 7, 2021** Seattle, Washington

Before: McKEOWN, CHRISTEN, and BADE, Circuit Judges.

Appellant Mark John Crowder appeals the district court’s denial of his

habeas corpus petition based on his claim of prosecutorial misconduct. He also

* 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). challenges the district court’s denial of an evidentiary hearing. We have

jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm the district court’s order.

We review de novo a district court’s denial of a federal…