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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT JAN 25 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS LUIS ROBERTO MARTINEZ, No. 08-56083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