Rico Riley v. Jared Lazano

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 31 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RICO LYNTICE RILEY, No. 21-16056

Petitioner-Appellant, D.C. No. 2:18-cv-03050-JKS

v.

MEMORANDUM*

JARED D. LAZANO,

Respondent-Appellee.

Appeal from the United States District Court for the Eastern District of California James K. Singleton, District Judge, Presiding

Argued and Submitted December 4, 2023 San Francisco, California

Before: COLLINS, FORREST, and SUNG, Circuit Judges. Partial Concurrence by Judge SUNG.

Rico Riley, a state prisoner, appeals the district court’s denial of his 28 U.S.C.

§ 2254 habeas petition. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and

we affirm.

We review de novo a district court’s denial of habeas relief. Balbuena v.

Sullivan, 980 F.3d 619, 628 (9th Cir. 2020). Under the Antiterrorism and Effective

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Death Penalty Act of 1996 (AEDPA), a federal appellate court may only grant…