Kenneth Thomas v. Dwight Neven

FILED

NOT FOR PUBLICATION

DEC 23 2021

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

KENNETH THOMAS, No. 20-16102

Petitioner-Appellant, D.C. No. 3:15-cv-00071-MMD-WGC v.

DWIGHT NEVEN, Warden; ATTORNEY MEMORANDUM*

GENERAL FOR THE STATE OF

NEVADA,

Respondents-Appellees.

Appeal from the United States District Court for the District of Nevada Miranda M. Du, Chief District Judge, Presiding

Argued and Submitted December 10, 2021 San Francisco, California

Before: MURGUIA, Chief Judge, and IKUTA and VANDYKE, Circuit Judges.

Kenneth Thomas appeals the district court’s denial of his habeas petition.

We have jurisdiction under 28 U.S.C. §§ 1291 and 2253. We affirm the district

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. court’s denial of Thomas’s petition and deny his motion to expand the certificate of

appealability (COA).

The Nevada Supreme Court’s determination that Thomas’s counsel did not

render ineffective assistance of counsel by failing to file an…