Enver Karafili v. Ronald Davis ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 9 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ENVER KARAFILI, No. 19-55704
Petitioner-Appellant, D.C. No. 3:18-cv-02418-LAB-NLS
v.
MEMORANDUM*
RONALD DAVIS, Warden,
Respondent-Appellee.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted March 3, 2020**
Before: MURGUIA, CHRISTEN, and BADE, Circuit Judges.
California state prisoner Enver Karafili appeals pro se from the district
court’s order dismissing his 28 U.S.C. § 2254 petition as successive. We have
jurisdiction under 28 U.S.C. § 2253. We review de novo, see Wentzell v. Neven,
674 F.3d 1124, 1126 (9th Cir. 2012), and we affirm.
*
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 district court granted a certificate of appealability on whether Karafili’s
instant section 2254 petition should have been dismissed as successive under 28
U.S.C. § 2244(b)(3)(A). Karafili fails to make any argument that his petition is not
successive in his opening brief, and therefore has waived this issue. See Koerner v.
Grigas, 328 F.3d 1039, 1048 (9th Cir. 2003) (“In general, [w]e will not ordinarily
consider matters on appeal that are not specifically and distinctly argued in
appellant’s opening brief” (alteration in original) (internal quotation marks
omitted)). Accordingly, we affirm the district court’s dismissal of Karafili’s
petition as successive.
On appeal, Karafili solely raises arguments related to the merits of his
petition, which were not included in the certificate of appealability. We treat these
arguments as a motion to expand the certificate of appealability, and deny the
motion. See 9th Cir. R. 22-1(e); Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th
Cir. 1999).
AFFIRMED.
2 19-55704