Lamothe

MEMORANDUM ***

Appellant Andre Joseph Lamothe appeals from the district court’s denial of his petition for writ of habeas corpus under 28 U.S.C. § 2254 , which challenged his conviction for: (1) infliction of corporal injury upon a cohabitant (count one); and (2) unauthorized use of tear gas (count three). We affirm.

Appellant made six claims in his petition for habeas corpus. However, the district court only granted a certificate of appealability on two issues. This Court previously granted in part Appellant’s motion to expand the certificate of appealability and certified one additional issue (the trial court’s denial of meaningful closing argument). Appellant’s motion is denied as to *413 all other remaining uncertified issues. The certified issues are each addressed below.

First, Appellant claims that the state appellate court’s failure to order a new trial, based on newly discovered evidence that the victim gave false testimony, violated his due process right to a fair trial. The newly discovered evidence consisted of a declaration which was relevant only to impeach the victim’s credibility and was cumulative of other impeaching information in the record. The declaration…