Jason Cai v. Neil McDowell

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 5 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JASON CAI, No. 22-16636

Petitioner-Appellant, D.C. No. 4:19-cv-03067-HSG v. MEMORANDUM*

NEIL MCDOWELL,

Respondent-Appellee.

Appeal from the United States District Court for the Northern District of California Haywood Gilliam, District Judge, Presiding

Argued and Submitted February 15, 2024 San Francisco, California

Before: MILLER, BADE, and VANDYKE, Circuit Judges.

Appellant Jason Cai appeals from the district court’s order denying his

petition for a writ of habeas corpus. We have jurisdiction under 28 U.S.C. § 2253,

and we affirm.

A district court’s decision on a petition for writ of habeas corpus is reviewed

de novo. Kemp v. Ryan, 638 F.3d 1245, 1254 (9th Cir. 2011). The district court’s

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. findings of fact are reviewed for clear error. Lopez v. Thompson, 202 F.3d…