Hageman

MEMORANDUM **

Carl Hageman appeals the district court’s denial of his petition for habeas corpus. Hageman concedes that he has procedurally defaulted on all claims he presented to the district court in his habe-as petition, but argues on appeal that he has established both cause and prejudice and actual innocence that would excuse his procedural default and allow him to obtain federal review of his substantive claims. We have jurisdiction to review his petition under 28 U.S.C. §§ 1291 and 2253, and we affirm.

1. Hageman first argues that he has demonstrated cause and prejudice that would excuse his procedural default. See Coleman v. Thompson, 501 U.S. 722, 750 , 111 S.Ct. 2546 , 115 L.Ed.2d 640 (1991); Smith v. Baldwin, 510 F.3d 1127, 1146 (9th Cir.2007) (en banc). He contends that the factual basis for his claim that he was convicted on a “diluted” standard of proof — an affidavit from the judge who presided over his bench trial — was not reasonably available to him at the time he defaulted. See Murray v. Carrier, 477 U.S. 478, 488 , 106 S.Ct. 2639 , 91 L.Ed.2d 397 (1986).

The trial court judge states in his affidavit that he “no longer believe[s] the state proved its case…