Darnell Lewis v. Ryan Thornell

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 4 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DARNELL J. LEWIS, No. 22-16481

Petitioner-Appellant, D.C. No. 4:20-cv-00223-CKJ

v.

MEMORANDUM**

RYAN THORNELL*, Director;

ATTORNEY GENERAL FOR THE STATE

OF ARIZONA,

Respondents-Appellees.

Appeal from the United States District Court for the District of Arizona Cindy K. Jorgenson, District Judge, Presiding

Submitted February 9, 2024*** Phoenix, Arizona

Before: BERZON, HURWITZ, and JOHNSTONE, Circuit Judges.

* Ryan Thornell, the Director of the Arizona Department of Corrections, Rehabilitation, and Reentry, is substituted for his predecessor, David Shinn. Fed. R. App. P. 43(c)(2). ** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Darnell Lewis appeals the district court’s order dismissing his 28 U.S.C.

§ 2254 habeas petition, which found his claim of…