Opinion
This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
As Amended on Denial of Rehearing and Rehearing En Banc Jan. 19, 2007.
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Regal Robinson, Calipatria, CA, pro se.
Atty Gen Cas Fax, Kevin R. Vienna, Esq., AGCA-Office of the California Attorney General, San Diego, CA, for Respondent-Appellee.
Appeal from the United States District Court for the Southern District of California Barry T. Moskowitz, District Judge, Presiding. D.C. No. CV-04-00036-BTM.
Before: LEAVY, W. FLETCHER, and RAWLINSON, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
California state prisoner Regal Robinson appeals pro se from the district court's judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant
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to 28 U.S.C. § 2253. We review de novo a district court's ruling on the merits of a habeas corpus petition, see Sandgathe v. Maass, 314 F.3d 371, 376 (9th Cir.2002), and we affirm.
Robinson contends that the prosecutor's use of peremptory challenges violated his constitutional rights, and that the district court erred in finding that he failed to prove purposeful racial discrimination by the prosecution. We disagree. After a de novo review, we conclude that the state trial court's ruling on People v. Wheeler, 22 Cal.3d 258, 148 Cal.Rptr. 890, 583 P.2d 748 (Cal.1978), motion was not error. See Batson v. Kentucky, 476 U.S. 79, 96-97, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986); Williams v. Runnels, 432 F.3d 1102, 1105 (9th Cir.2006). Accordingly, the district court properly denied this claim.
To the extent Robinson raises uncertified issues, we construe his arguments as a motion to expand the Certificate of Appealability, and we deny the motion. See 9th Cir. R. 22-1(e); Hiivala v. Wood 195 F.3d 1098, 1104-05 (9th Cir.1999) (per curiam).
We also deny Robinson's request for an initial hearing en banc. See Fed. R.App. P. 35(b).
AFFIRMED.