Walton

*121 ORDER ***

Petitioner Osbun Walton seeks habeas relief on three grounds: (1) that he suffered a Batson violation of his equal protection rights; (2) that he received constitutionally ineffective assistance of counsel when his counsel failed to request a jury instruction on accomplice liability; and (3) that he received constitutionally ineffective assistance when his appellate counsel failed to argue trial counsel’s errors on direct appeal. Pursuant to 9th Cir. R. 22-1(e), we construe Walton’s opening brief as a motion to expand his previously-granted COA to include these three grounds.

A petitioner must receive a certificate of appealabihty (“COA”) on a claim before this circuit can grant relief. 28 U.S.C. § 2253 (c)(1). Walton received a COA, limited to the issue of whether the district court erroneously dismissed his habeas petition as untimely. That issue is moot, as the district court vacated its original decision and ultimately denied Walton’s petition on the merits. Nevertheless, “[wjhile the ‘issuance of a certificate of appealability is a prerequisite to our assertion of jurisdiction, once that certificate is issued, we have jurisdiction even if the certificate was…