Philip Hanes v. Luis Martinez

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 8 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PHILIP HANES, No. 21-56360

Petitioner-Appellant, D.C. No. 2:20-cv-05472-SB-KS v.

MEMORANDUM*

LUIS MARTINEZ; JEFF MACOMBER,

Warden, Secretary of the California Department of Corrections and Rehabilitation,

Respondents-Appellees.

Appeal from the United States District Court for the Central District of California Stanley Blumenfeld, Jr., District Judge, Presiding

Submitted April 4, 2024** Pasadena, California

Before: R. NELSON, VANDYKE, and SANCHEZ Circuit Judges.

Petitioner Philip Hanes 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,

* 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). and we affirm.

“We review de novo the district court’s denial of a petition for a…