Morrow

*654 MEMORANDUM **

James David Morrow, a Nevada state prisoner, appeals from the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition. We review de novo, see Davis v. Grigas, 443 F.3d 1155, 1158 (9th Cir.2006), and we affirm.

For habeas relief Morrow must show that the state court decision on his claims was contrary to, or involved an unreasonable application of, clearly established Supreme Court law, or was based on an unreasonable determination of the facts in light of the evidence. See id,.; 28 U.S.C. § 2254 (d).

Morrow alleges an improper reference to his post-arrest silence by the prosecutor in closing argument. The prosecutor’s statements, however, permissibly referred to Morrow’s testimony at trial. See Portuondo v. Agard, 529 U.S. 61, 69 , 120 S.Ct. 1119 , 146 L.Ed.2d 47 (2000) (prosecution is entitled to impeach credibility of defendant who takes the stand). The statements cannot reasonably be read to refer to his post-arrest silence.

Morrow argues that due process was violated when the prosecutor returned to the grand jury for a superseding indictment, because once the trial court dismissed the original indictment it lost jurisdiction over the…