FILED NOT FOR PUBLICATION AUG 30 2016 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RICHARD LOUIS ARNOLD PHILLIPS, No. 16-15487

Petitioner - Appellant, D.C. No. 1:14-cv-01068-LJO-SAB v.

DAVE DAVEY, Warden, California State MEMORANDUM* Prison at Corcoran,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of California Lawrence J. O’Neill, Chief Judge, Presiding

Submitted August 8, 2016** San Francisco, California

Before: WALLACE and GRABER, Circuit Judges, and LYNN,*** Chief District Judge.

Petitioner’s request for a certificate of appealability is DENIED.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Barbara M. G. Lynn, United States Chief District Judge for the Northern District of Texas, sitting by designation.