Matthew Sexton v. Mike Cozner

FILED

FOR PUBLICATION MAY 14 2012

UNITED STATES COURT OF APPEALS

MOLLY C. DWYER, CLERK

U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

MATTHEW RYAN SEXTON, No. 10-35055

Petitioner - Appellant, D.C. No. 3:06-cv-00209-AC District of Oregon, v. Portland

MIKE COZNER, Superintendent, MacLaren Youth Correctional Facility, ORDER

Respondent - Appellee.

Before: TASHIMA, TALLMAN, and IKUTA, Circuit Judges.

The opinion filed on May 13, 2012, is AMENDED as follows: The phrase

“and Sexton does not present a substantial claim that PCR counsel was ineffective”

on page 17 of the opinion is replaced with “and Sexton does not present a

substantial claim that trial counsel was ineffective.”.

An amended opinion will be filed concurrently with this order.