Deshawn Broadnax v. Jeffrey Beard

FILED
NOT FOR PUBLICATION DEC 16 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DESHAWN DUNDRE BROADNAX, No. 13-56134
Petitioner, D.C. No. 3:12-cv-00560-GPC
v.
MEMORANDUM*
JEFFREY BEARD, Secretary of the
California Department of Corrections and
Rehabilitation,
Respondent - Appellee.
Appeal from the United States District Court
for the Southern District of California
Gonzalo P. Curiel, District Judge, Presiding
Submitted December 9, 2014**
Before: WALLACE, LEAVY, and BYBEE, Circuit Judges.
California state prisoner Deshawn Dundre Broadnax appeals pro se from the
district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have
jurisdiction under 28 U.S.C. § 2253. We review de novo the denial of a habeas
*
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).
corpus petition, see Fairbank v. Ayers, 650 F.3d 1243, 1250 (9th Cir. 2011), and
we affirm.
Broadnax contends that the trial court erred in refusing to order a new trial in
light of new evidence that he could have used to impeach a state’s witness, who
was charged as Broadnax’s codefendant. Broadnax’s allegation that the trial court
misapplied California’s rules for new trials does not state a cognizable claim for
federal habeas relief. See 28 U.S.C. § 2254(a); Estelle v. McGuire, 502 U.S. 62,
67-68 (1991).
We construe Broadnax’s additional arguments, including his allegation of
ineffective assistance of counsel and prosecutorial misconduct under Brady v.
Maryland, 373 U.S. 83 (1963), as a motion to expand the certificate of
appealability. So construed, the motion is denied. See 9th Cir. R. 22-1(e); Hiivala
v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999) (per curiam).
Broadnax’s motion to stay and abey these proceedings to permit him to
exhaust previously unavailable claims in state court is denied.
AFFIRMED.
2 13-56134