U.S. Court of Appeals for the Ninth Circuit, 2007

Smithson v. Hunter

Smithson v. Hunter
U.S. Court of Appeals for the Ninth Circuit · Decided April 18, 2007 · Bea, Clifton, Scannlain
227 F. App'x 684

Smithson v. Hunter

Opinion of the Court

MEMORANDUM**

California state hospital inmate Dustin L. Smithson appeals from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition challenging his re-commitment as a sexually violent predator, pursuant to Cal. Welf. & Inst.Code § 6604. We have jurisdiction pursuant to 28 U.S.C. § 2253.

Reviewing de novo, Mendez v. Small, 298 F.3d 1154, 1157-58 (9th Cir. 2002), we affirm for the reasons stated by the district court.

To the extent Smithson raises uncertified issues, we construe such argument as a motion to expand the certificate of appealability, and we deny the motion. See 9th Cir. R. 22-1(e); Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999) (per curiam).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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