Luis Roberto Martinez v. Darrel Adams

NOT FOR PUBLICATION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