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298 F. App'x 611

Marks v. Schriro

U.S. Courts of Appeals

Decided November 4, 2008

U.S. Courts of Appeals · decided 2008-11-04

Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Coleman v. Thompson · Badea v. Cox

Decided 2008-11-04

¶1MEMORANDUM

¶2Roy Junior Marks, an Arizona state prisoner, appeals pro se from the district court’s denial of his 28 U.S.C. § 2254 petition challenging his sentences of seventeen and one-half years for aggravated assault. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

¶3We conclude that the district court did not err when it determined that Marks’s first claim was procedurally defaulted. See Coleman v. Thompson, 501 U.S. 722, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991).

¶4We also conclude that the district court did not err when it determined that Marks’s sixth claim was not cognizable on federal habeas review. See Badea, v. Cox, 931 F.2d 573, 574 (9th Cir.1991).

¶5The motion for appointment of counsel and the motion to appear and argue the merits of the case are denied.

¶6AFFIRMED.

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

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