Nutt

MEMORANDUM **

Jerry Nutt, a state prisoner, was convicted of two counts of pandering, in violation of California Penal Code, § 266i, after having been convicted of three serious felonies within the meaning of California’s Three Strikes law. The state trial court sentenced Nutt to two consecutive terms of 25 years to life. Nutt appeals the district court’s denial of his petition for writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

First, Nutt argues that the district court erred in denying his motion for leave to amend his petition to add four new claims. We construe Nutt’s argument as a motion for an expanded certificate of appealability (“COA”) to consider this issue. See Ninth Cir. R. 22-1. ‘When the district court denies a habeas petition on procedural grounds without reaching the prisoner’s underlying constitutional claim, a COA should issue when the prisoner shows, at least [1] that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and [2] that jurists of reason would find it debatable whether the district court was correct in its procedural ruling.” Slack v.…