King

MEMORANDUM *

Petitioner David L. King appeals the federal district court’s denial of his petition for a writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We affirm.

King’s due process rights were not violated. Under all of the circumstances, there was not a substantial likelihood of irreparable misidentifieation. See Mansou v. Brathwaite, 432 U.S. 98, 116 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1977). The reliability of the identification was called into question during cross-examination and it was the province of the jury to attach weight to the identification testimony. See id.

It is clear from the record that King’s motion for stay was meant to apply to the amended mixed petition King filed the same day. 1 Therefore, in determining whether to grant the motion for a stay and abeyance on the mixed petition, the district court correctly considered whether there was good cause for failure to exhaust the claim and whether the claim was plainly meritless. See Rhines v. Weber, 544 U.S. 269, 278 , 125 S.Ct. 1528 , 161 L.Ed.2d 440 (2005).

The district court did not abuse its discretion in denying King’s motion for stay. First, the claim is plainly meritless as a…