Cline

Cline v. Newland

Good Law
74 F. App'x 705
United States Court of Appeals for the Ninth CircuitJuly 24, 2003No. 02-15508; D.C. No. CV-99-00671-WBSCalifornia588 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Jimmy Lee Cline appeals pro se from the district court’s denial of his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 , challenging his state court convictions for murder (CaLPenal Code § 187), kidnapping (Cal.Penal Code § 207(a)), and assault with great bodily injury and use of a deadly weapon (CahPenal Code § 245(a)(1)). We affirm.

We review the denial of a petition for writ of habeas corpus de novo. Turner v. Calderon, 281 F.3d 851, 864 (9th Cir.2002). Cline must show that the state court’s decision was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254 (d)(1). Where, as here, a magistrate judge has made factual findings adopted by the district court, we review them for clear error. See Wildman v. Johnson, 261 F.3d 832, 836 (9th Cir.2001).

Cline complains that he was subjected to an impermissibly suggestive lineup, because he was asked to stand on a 2-to 3-inch crate to even his height with other, taller participants and because he was asked to change positions in the lineup after a break. “Whether…

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