Morris

MEMORANDUM **

Petitioner Willie Morris timely appeals the district court’s denial of his 28 U.S.C. § 2254 petition for habeas corpus. We apply the strict standard required by 28 U.S.C. § 2254 (d); habeas relief is available here only if the state court’s adjudication of the claim involved either an unreasonable determination of the facts or an unreasonable application of clearly established federal law as declared by the Supreme Court. We have jurisdiction under 28 U.S.C. § 2253 , and we review the decision of the district court de novo, see Paulino v. Castro, 371 F.3d 1083, 1085 (9th Cir.2004).

On September 10, 1999, the police spotted Petitioner driving a stolen vehicle. He was arrested and brought to the police station. A lineup was scheduled to see if *771 the car’s owner could identify Petitioner as the man who had stolen her car. While the lineup was being assembled, Petitioner told the deputy sheriff that he did not want to participate in the lineup but that he wanted to speak with his attorney. The deputy sheriff told Petitioner that counsel did not want to speak to him. The lineup was canceled.

At a preliminary hearing the next morning, the prosecutor announced that…