Roberts

MEMORANDUM **

California state prisoner James Ray Roberts appeals pro se the district court’s denial of his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253(a). Reviewing de novo, Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir.2001), we affirm. 1 Roberts raises several constitutional challenges, which we find unavailing.

First, the restrictions on Roberts’s phone use and library access during trial did not violate his self-representation rights because he had advisory counsel and an investigator to assist him. See Milton v. Morris, 767 F.2d 1443, 1446 (9th Cir.1985) (stating that the right of self-representation is not violated by reasonable prison restrictions when advisory counsel is available to assist with those tasks).

Second, any error resulting from Roberts’s absence at a brief pretrial scheduling hearing did not result in a denial of due process. See United States v. Gagnon, 470 U.S. 522, 526-27 , 105 S.Ct. 1482 , 84 L.Ed.2d 486 (1985) (per curiam) (concluding that an in camera discussion without the defendants or their counsel did not violate due process when their presence was not required to ensure fundamental fairness or…