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FILED NOT FOR PUBLICATION APR 22 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT TRAVIS RAY THOMPSON, No. 07-56721 Petitioner - Appellant, D.C. No. CV-06-01758-JAH v. MEMORANDUM * JEANNE S. WOODFORD, Warden, Respondent - Appellee. Appeal from the United States District Court for the Southern District of California John A. Houston, District Judge, Presiding Submitted April 5, 2010 ** Before: RYMER, McKEOWN, and PAEZ, Circuit Judges. California state prisoner Travis Ray Thompson appeals from the district court’s judgment denying his
28 U.S.C. § 2254habeas petition. We have jurisdiction pursuant to
28 U.S.C. § 2253, and we affirm. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Thompson contends that the trial court violated his rights under Faretta v. California,
422 U.S. 806(1975), when it revoked his pro per status mid-trial. The California Court of Appeal’s decision rejecting this claim was neither contrary to, nor involved an unreasonable application of, clearly established federal law as determined by the Supreme Court of the United States. See
28 U.S.C. § 2254(d)(1); see also Faretta,
422 U.S. at834 n. 46. Thompson also contends that the introduction of extrinsic evidence into the jury deliberations violated his Sixth Amendment rights. The California Court of Appeal’s decision rejecting this claim was neither contrary to, nor involved an unreasonable application of, clearly established federal law as determined by the Supreme Court of the United States. See
28 U.S.C. § 2254(d)(1); see also Bayramoglu v. Estelle,
806 F.2d 880, 887 (9th Cir. 1986) (citing Fahy v. Connecticut,
375 U.S. 85, 86-87 (1963)). We reject Thompson’s contention that an evidentiary hearing was required with regard to this matter. See Smith v. Phillips,
455 U.S. 209, 215 (1982); see also Tracey v. Palmateer,
341 F.3d 1037, 1044-45 (9th Cir. 2003). We construe Thompson’s uncertified claim, that his Faretta advisements were inadequate, as a motion to expand the certificate of appealability. So 2 07-56721 construed, the motion is denied. See 9th Cir. R. 22-1(e); see also Hiivala v. Wood,
195 F.3d 1098, 1104-05 (9th Cir. 1999) (per curiam). AFFIRMED. 3 07-56721
Document Info
Docket Number: 07-56721
Citation Numbers: 377 F. App'x 639
Judges: McKEOWN, Paez, Rymer
Filed Date: 4/22/2010
Precedential Status: Non-Precedential
Modified Date: 8/1/2023