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372 F. App'x 730

Poland v. Clark

U.S. Courts of Appeals

Decided March 26, 2010

U.S. Courts of Appeals · decided 2010-03-26

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 Mancuso v. Olivarez

Decided 2010-03-26

¶1 MEMORANDUM

¶2 California state prisoner Michael Howard Poland appeals pro se from the district court’s judgment dismissing his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

¶3 Poland contends that the trial court violated his constitutional rights by denying his motion for a mistrial because the jury committed misconduct by considering, during deliberations, a transcript that was not *731 admitted into evidence. The record reflects that the California state court’s rejection of this claim did not result in a decision that was “contrary to, or involve[ ] an unreasonable application of, clearly established Federal law,” or “an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” See 28 U.S.C. § 2254(d); see also Mancuso v. Olivarez, 292 F.3d 939, 949-53 (9th Cir.2002).

¶4 AFFIRMED.

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

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