Jenkins

MEMORANDUM ***

Harvey Zane Jenkins, a California state prisoner, appeals the federal district court’s dismissal of his petition for writ of habeas corpus filed under 28 U.S.C. § 2254 , as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo a district court’s dismissal of a habeas petition. See McNab v. Kok, 170 F.3d 1246, 1247 (9th Cir.1999). However, “[t]o the extent it is necessary to review findings of fact, the clearly erroneous standard applies.” Thomas v. Brewer, 923 F.2d 1361, 1364 (9th Cir.1991).

Jenkins was convicted by a jury of second degree murder and use of a rifle in the commission of the offense. Jenkins’ conviction was affirmed by the state appellate court and the California Supreme Court denied review. Jenkins filed successive habeas petitions in state courts, which were denied, as were his motion for writ of habeas corpus in, and a request for a certificate of appealability (“COA”) from, the federal district court. This court issued a COA on one issue: whether his Sixth Amendment right to effective assistance of counsel was violated by his trial attorney’s failure to…