Luis Roberto Martinez v. Darrel Adams ( 2010 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JAN 25 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
LUIS ROBERTO MARTINEZ, No. 08-56083
Petitioner - Appellant, D.C. No. 2:05-cv-04057-DSF
v.
MEMORANDUM *
DARREL G. ADAMS, Warden,
Respondent - Appellee.
Appeal from the United States District Court
for the Central District of California
Dale S. Fischer, District Judge, Presiding
Submitted January 11, 2010 **
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
California state prisoner Luis Roberto Martinez appeals from the district
court’s judgment denying his 28 U.S.C. § 2254 habeas 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).
SM S/Research
Martinez contends his trial counsel was ineffective for failing to conduct an
adequate investigation and present evidence concerning the defense of third-party
culpability. The record reflects that the state court’s rejection of this claim was
neither contrary to, nor an unreasonable application of, clearly established federal
law. See 28 U.S.C. § 2254(d)(1); Strickland v. Washington, 466 U.S. 668 (1984).
AFFIRMED.
SMS/Research 2 08-56083