RICHARD PHILLIPS V. DAVE DAVEY, No. 16-15487 (9th Cir. 2016)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS AUG 30 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT RICHARD LOUIS ARNOLD PHILLIPS, Petitioner - Appellant, No. 16-15487 D.C. No. 1:14-cv-01068-LJO-SAB v. DAVE DAVEY, Warden, California State Prison at Corcoran, MEMORANDUM* Respondent - Appellee. Appeal from the United States District Court for the Eastern District of California Lawrence J. O’Neill, Chief Judge, Presiding Submitted August 8, 2016** San Francisco, California Before: WALLACE and GRABER, Circuit Judges, and LYNN,*** Chief District Judge. Petitioner’s request for a certificate of appealability is DENIED. * 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). *** The Honorable Barbara M. G. Lynn, United States Chief District Judge for the Northern District of Texas, sitting by designation.

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