FILED
NOT FOR PUBLICATION JUN 6 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RENE CAZARES, No. 09-16493
Petitioner - Appellant, D.C. No. 2:05-cv-00625-FCD-
DAD
v.
W. J. SULLIVAN, et al., MEMORANDUM *
Respondents - Appellees.
Appeal from the United States District Court
for the Eastern District of California
Frank C. Damrell, Jr., District Judge, Presiding
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
California state prisoner Rene Cazares appeals pro se from the district
court’s order denying 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).
Cazares contends that his trial counsel was ineffective. The California Court
of Appeal’s determination that Cazares did not demonstrate that his attorney failed
to investigate his case or that he was prejudiced by his attorney’s actions was not
an unreasonable application of Strickland v. Washington, 466 U.S. 668 (1984). See
28 U.S.C. § 2254(d); Harrinton v. Richter, 131 S. Ct. 770, 785-87 (2011).
Cazares also contends that the trial court erroneously denied his motion to
represent himself, made after jury selection had began. The California Court of
Appeal’s determination that Cazares’ motion was untimely rested on a reasonable
determination of the facts and was not contrary to Faretta v. California, 422 U.S.
806 (1975). See 28 U.S.C. § 2254(d); Marshall v. Taylor, 395 F.3d 1058, 1061-62
(9th Cir. 2005).
Cazares’ motion for appointment of appellate counsel and accompanying
requests are denied.
AFFIRMED.
2 09-16493