Granval Hunter v. Matthew Kramer , 384 F. App'x 555 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 15 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
GRANVAL G. HUNTER, No. 08-16791
Petitioner - Appellant, D.C. No. 2:07-cv-02792-MCE
v. MEMORANDUM *
MATTHEW KRAMER, Warden; et al.,
Respondents - Appellees.
Appeal from the United States District Court
for the Eastern District of California
Morrison C. England, Jr., District Judge, Presiding
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
California state prisoner Granval G. Hunter appeals from the district court’s
judgment dismissing his 28 U.S.C. § 2254 habeas petition. We have jurisdiction
under 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).
Hunter contends that his time-barred habeas petition should be addressed on
the merits because he is actually innocent of the conduct used to enhance his
sentence. Because Hunter has failed to present any evidence of his innocence, the
district court did not err by dismissing his petition. See Schlup v. Delo, 513 U.S.
298, 316-17 (1995).
AFFIRMED.
2 08-16791