Gregory Lynn Colbert v. Mike Knowles

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).
AH/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GREGORY LYNN COLBERT,
Petitioner - Appellant,
v.
MIKE KNOWLES,
Respondent - Appellee.
No. 07-16839
D.C. No. CV-02-05894-RMW
MEMORANDUM *
Appeal from the United States District Court
for the Northern District of California
Ronald M. Whyte, District Judge, Presiding
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
California state prisoner Gregory Lynn Colbert appeals 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.
FILED
JAN 07 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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AH/Research 07-16839
Colbert contends that the jury instructions given by the court, CALJIC 2.50
and CALJIC 2.50.1, impermissibly lowered the prosecution’s burden of proof and
violated his rights to due process and a fair trial. Because there is no reasonable
likelihood that the jury applied the wrong burden of proof, Colbert is not entitled to
habeas relief. See Mendez v. Knowles, 556 F.3d 757, 767-70 (9th Cir. 2009).
Colbert’s motion to expand the certificate of appealability is denied. See 9th
Cir. R. 22-1(e); see also Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999)
(per curiam).
AFFIRMED.

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