Luis Alberto Bautista v. RYAN THORNELL, Director of the Arizona Department of Corrections

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LUIS ALBERTO BAUTISTA,
Petitioner-Appellant,
v.
RYAN THORNELL, Director of the Arizona
Department of Corrections; ATTORNEY
GENERAL FOR THE STATE OF
ARIZONA,
Respondents-Appellees.
No. 18-15471
D.C. No. 2:17-cv-00532-DLR
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Douglas L. Rayes, District Judge, Presiding
Submitted December 12, 2023**
Before: WALLACE, LEE, and BUMATAY, Circuit Judges.
Luis Alberto Bautista appeals from the district court’s judgment denying his
28 U.S.C. § 2254 habeas petition. Pursuant to Anders v. California, 386 U.S. 738
(1967), Bautista’s counsel has filed a brief stating that there are no grounds for
* 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
DEC 15 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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relief, along with a motion to withdraw as counsel of record. We have provided
Bautista the opportunity to file a pro se supplemental brief. No pro se
supplemental brief or answering brief has been filed.
Bautista’s motion for judicial notice of the special verdict in his underlying
criminal proceeding is granted. See Trigueros v. Adams, 658 F.3d 983, 987 (9th
Cir. 2011).
Our independent review of the briefing and record pursuant to Penson v.
Ohio, 488 U.S. 75, 80 (1988), discloses that the certified issues provide no basis
for appellate relief. See Graves v. McEwen, 731 F.3d 876, 880-81 (9th Cir. 2013).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED.

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