Fernando Almanza v. David Shinn

FILED

NOT FOR PUBLICATION

APR 4 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

FERNANDO SEGOVIANO ALMANZA, No. 20-16019

Petitioner-Appellant, D.C. No. 2:15-cv-02064-DLR

v.

MEMORANDUM*

DAVID SHINN, Director, Director of the Arizona Department of Corrections;

ATTORNEY GENERAL FOR THE

STATE OF ARIZONA,

Respondents-Appellees.

Appeal from the United States District Court for the District of Arizona Douglas L. Rayes, District Judge, Presiding

Argued and Submitted February 9, 2022 Phoenix, Arizona

Before: MURGUIA, Chief Judge, GRABER, Circuit Judge, and FITZWATER,** District Judge. Concurrence by Chief Judge MURGUIA.

Arizona prisoner Fernando Segoviano Almanza (“Almanza”) appeals the

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Sidney A. Fitzwater, United States District Judge for the Northern District of Texas, sitting by designation. dismissal of his 28 U.S.C. § 2254 amended habeas petition as timed-barred and

procedurally defaulted. This court granted a…