Ramirez

MEMORANDUM ***

David Patrick Ramirez appeals the district court’s denial of his petition for habeas corpus. We review the district court’s decision de novo and may affirm on any ground supported by the record, even if it differs from that relied on by the district court. See Downs v. Hoyt, 232 F.3d 1031, 1036 (9th Cir.2000).

*98 Ramirez’s habeas petition raises nine claims that he previously asserted in state court when seeking post-conviction relief in that venue. The petition also includes two more claims: a tenth claim that Ramirez was entitled to an evidentiary hearing on the first nine claims; and an eleventh claim relating to expert testimony. The district court, adopting the recommendation of a magistrate judge, concluded that Ramirez had failed to present claims 1,2,5,7,8,10 and 11 to the state court as federal constitutional claims and thus was procedurally barred from raising them in his habeas petition. The district court further concluded that claims 3,4,6, and 9 should be dismissed on the merits; with no viable claims remaining, the court then denied Ramirez’s habeas petition. We granted a certificate of appealability as to the procedurally barred claims.

With…