Pina

MEMORANDUM *

Petitioner-Appellant Daniel Pina appeals the district court’s judgment dismissing his petition for a writ of habeas corpus under 28 U.S.C. § 2254 . Pina was convicted of first degree murder of his cell mate at Folsom State Prison in violation of California Penal Code § 187(a) and sentenced to life imprisonment without the possibility of parole. Of the eight claims in Pina’s operative habeas petition, Pina seeks review of the district court’s denial of three: 1) a due process claim arising out of alleged perjury by one of the prosecution’s witnesses who testified at his trial, 2) a Napue due process claim arising out of knowing use of alleged perjury during trial, and 3) a due process claim arising out of admission of gang-related evidence. Pina also argues that the district court erred in determining that he failed to exhaust a federal due process claim arising out of allegedly improper shackling during trial.

At oral argument, Pina conceded that the disposition of his underlying shackling claim is controlled by this court’s memorandum disposition in Valencia v. Cambra, 107 Fed. Appx. 781 (9th Cir. 2004), which governs his co-defendant’s appeal. Pina is correct. The…