Drayton

MEMORANDUM **

Stacy Drayton, a state prisoner, appeals the district court’s dismissal with prejudice of his habeas corpus petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 . *433 We affirm. Because the parties are familiar with the facts, we discuss only the issues raised on appeal.

Drayton was convicted of unlawful driving of a vehicle in violation of California Vehicle Code section 10851(a). His conviction was affirmed by the California Court of Appeal and review was denied by the California Supreme Court. On appeal and in his habeas petition, Drayton contended that he was denied his Sixth Amendment right to counsel by the state trial court’s denial of his motions for substitute counsel. The Court of Appeal, in an opinion, rejected the claim.

Relief is available in federal court only if the state court decision was “contrary to, or involved an unreasonable application of, clearly established Federal law” or was “based on an unreasonable determination of the facts.” 28 U.S.C. § 2254 (d). For the reasons summarized below, we hold that Drayton is not entitled to relief.

Between Drayton’s preliminary hearing on September 26,1997, and the start of his trial in December…