Kelvin Felton v. John Marshall

U.S. Court of Appeals for the Ninth Circuit
Kelvin Felton v. John Marshall, 463 F. App'x 657 (9th Cir. 2011)
Goodwin, Wallace, McKeown

Kelvin Felton v. John Marshall

Opinion

MEMORANDUM **

California state prisoner Kevin Felton appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.

Felton contends that there was insufficient evidence to support his conviction for making a criminal threat. We conclude that the state court’s decision rejecting this claim was not contrary to, or an unreasonable application of, clearly established federal law. See 28 U.S.C. § 2254(d); see also Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

We construe Felton’s additional arguments as a motion to expand the certificate of appealability. So construed, the motion is denied. See 9th Cir. R. 22—1(e); see also 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.

Reference

Full Case Name
Kelvin FELTON, Petitioner—Appellant, v. John MARSHALL and Edmund G. Brown, Jr., Respondents—Appellees
Status
Unpublished