Paul Cousin v. Cynthia Tompkins

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 19 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PAUL EUGENE COUSIN, No. 20-55840

Petitioner-Appellant, D.C. No. 5:16-cv-00254-CAS-MRW v.

CYNTHIA TAMPKINS, Warden, MEMORANDUM*

Respondent-Appellee.

Appeal from the United States District Court for the Central District of California Christina A. Snyder, District Judge, Presiding

Argued and Submitted November 17, 2021 Pasadena, California

Before: WARDLAW, PARKER,** and HURWITZ, Circuit Judges. Dissent by Judge PARKER

Paul Cousin appeals the district court’s denial of his 28 U.S.C. § 2254

petition for habeas corpus, which asserted ineffective assistance of trial counsel

and actual innocence. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Barrington D. Parker, Jr., United States Circuit Judge for the U.S. Court of Appeals for the Second Circuit, sitting by designation. 2253, and we…