Robert Merideth v. Brian Belleque , 383 F. App'x 652 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 11 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROBERT EUGENE MERIDETH, No. 08-35816
Petitioner - Appellant, D.C. No. 6:04-cv-00762-ALA
v.
MEMORANDUM *
BRIAN BELLEQUE,
Respondent - Appellee.
Appeal from the United States District Court
for the District of Oregon
Ann L. Aiken, Chief District Judge, Presiding
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Oregon state prisoner Robert Eugene Merideth 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).
Merideth contends that his trial counsel was ineffective by failing to: (1)
investigate the basis for an expert witness’ testimony; and (2) object to certain
prejudicial testimony. The record indicates that the state court’s decision rejecting
Merideth’s ineffective assistance of counsel claim was not contrary to, or 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); see also Strickland
v. Washington, 466 U.S. 668, 687 (1984); Hendricks v. Calderon, 70 F.3d 1032,
1039 (9th Cir. 1995).
Merideth’s request to remand for an evidentiary hearing is denied. See Earp
v. Ornoski, 431 F.3d 1158, 1166-67 (9th Cir. 2005).
AFFIRMED.
2 08-35816