Michael A. Heartsman v. ERIC ARNOLD, Warden; XAVIER BECERRA

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHAEL A. HEARTSMAN,
Petitioner-Appellant,
v.
ERIC ARNOLD, Warden; XAVIER
BECERRA,
Respondents-Appellees.
No. 18-16110
D.C. No. 3:16-cv-06098-VC
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Vince Chhabria, District Judge, Presiding
Submitted October 15, 2019**
Before: FARRIS, LEAVY, and RAWLINSON, Circuit Judges.
California state prisoner Michael A. Heartsman appeals pro se from the
district court’s judgment denying his 28 U.S.C. § 2254 habeas corpus petition. We
have jurisdiction under 28 U.S.C. § 2253. Reviewing de novo, see Smith v. Ryan,
823 F.3d 1270, 1278 (9th Cir. 2016), we affirm.
* 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).
FILED
OCT 18 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 18-16110
Heartsman contends that the trial court committed misconduct by favoring
the prosecution and exhibiting bias against the defense. We need not address
appellee’s contention that the claim is procedurally defaulted because it fails on the
merits. See Franklin v. Johnson, 290 F.3d 1223, 1232 (9th Cir. 2002). None of the
claimed instances of misconduct suggest the trial court harbored “deep-seated
favoritism or antagonism that would make fair judgment impossible.” Liteky v.
United States, 510 U.S. 540, 555 (1994). The state court’s rejection of this claim,
therefore, was not contrary to, nor an unreasonable application of, clearly
established federal law. See 28 U.S.C. § 2254(d)(1); Williams v. Taylor, 529 U.S.
362, 411 (2000).
We treat appellant’s additional arguments as a motion to expand the
certificate of appealability. So treated, the motion is denied. See 9th Cir. R. 22-
1(e); Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999).
AFFIRMED.

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