FILED NOT FOR PUBLICATION SEP 22 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JARVIS GILBERT, No. 09-16711 Petitioner - Appellant, D.C. No. 3:07-cv-05987-THE v. MEMORANDUM* PEOPLE OF THE STATE OF CALIFORNIA and MICHAEL MCDONALD, Warden, High Desert State Prison, Respondents - Appellees.

Appeal from the United States District Court for the Northern District of California Thelton E. Henderson, Senior District Judge, Presiding Argued and Submitted September 14, 2010 San Francisco, California Before: WALLACE and THOMAS, Circuit Judges, and MILLS, Senior District Judge.**

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Richard Mills, Senior District Judge for the Central District of Illinois, sitting by designation.

Jarvis Gilbert, a California state prisoner, appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition. After reviewing the briefs and the record, and considering the oral arguments of counsel, we affirm the judgment of the district court for the reasons given in Judge Henderson’s thorough opinion of May 22, 2009.

AFFIRMED.