Charles Luckett v. Robert Neuschmid

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 15 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CHARLES EDWARD LUCKETT, No. 21-15391

Petitioner-Appellant, D.C. No. 4:18-cv-07670-HSG

v.

MEMORANDUM*

ROBERT NEUSCHMID, Warden,

Respondent-Appellee.

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

Argued and Submitted February 15, 2024 San Francisco, California

Before: S.R. THOMAS, BEA, and CHRISTEN, Circuit Judges.

Habeas petitioner Charles Luckett appeals the district court’s order which

denied his petition for habeas corpus. Because the parties are familiar with the facts,

we do not recount them here. We have jurisdiction under 28 U.S.C. §§ 1291 and

2253(a). We review the district court’s denial of habeas relief de novo. Avena v.

Chappell, 932 F.3d 1237, 1247 (9th Cir. 2019). We affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. 1. The California Court of Appeal adjudicated…