Anthony Louis Pellegrini v. Ivan Bartos; Terry Goddard; Barbara Lawall

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANTHONY LOUIS PELLEGRINI,
Petitioner - Appellant,
v.
IVAN BARTOS; TERRY GODDARD;
BARBARA LAWALL,
Respondents - Appellees.
No. 07-17028
D.C. No. CV-05-00506-CKJ
MEMORANDUM *
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted April 5, 2010**
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
FILED
APR 19 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-17028 2
Arizona state prisoner Anthony Louis Pellegrini appeals pro se from the
district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have
jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.
Pellegrini contends the district court erred by concluding that he failed to
exhaust a claim that counsel was ineffective for failing to adequately investigate,
prepare, and cross-examine an important state witness. Our review of the record
indicates the district court correctly concluded that Pellegrini did not exhaust this
claim, and that it is now procedurally defaulted. See Baldwin v. Reese, 541 U.S.
27, 32 (2004); see also Franklin v. Johnson, 290 F.3d 1223, 1230-31 (9th Cir.
2002). Pellegrini has failed to establish cause and prejudice to excuse the default,
or that the failure to consider the claim will result in a fundamental miscarriage of
justice. Coleman v. Thompson, 501 U.S. 722, 750 (1991); Franklin, 290 F.3d at
1231.
Pellegrini raises additional uncertified claims of ineffective assistance of
counsel, which we construe as a motion to expand the certificate of appealability.
So construed, the motion is denied because he has not made “a substantial showing
of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2).
AFFIRMED.

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