Douglas

MEMORANDUM **

Gordon Andrew Douglas, a California state prisoner serving a sentence of thirty-three years to life, appeals the denial of his 28 U.S.C. § 2254 petition challenging his conviction for felony murder and arson in violation of California Penal Code §§ 187 and 451. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Douglas first contends that the district court erred by denying his § 2254 petition as procedurally barred by the California Supreme court’s reference to In re Swain, 34 Cal.2d 300, 304 , 209 P.2d 793 (1949) and In re Robbins, 18 Cal.4th 770, 780 , 77 Cal.Rptr.2d 153 , 959 P.2d 311 (1998) in the opinion denying his state habeas petition. This contention is foreclosed by our decision in Bennett v. Mueller, 273 F.3d 895, *357 901 (9th Cir.2001) (concluding that post- Robbins denial of state habeas petition by California state court constitutes independent and adequate state procedural bar to federal review).

This leaves only two exhausted claims. First, Douglas contends that he was denied due process when the trial proceeded after the state’s key witness improperly testified that he had passed a lie detector test. We find this contention…