Schuyler

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHNNY LEE BRIGGS, No. 1:24-cv-00310-KES-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION

TO DENY PETITION FOR WRIT OF

v. HABEAS CORPUS C. SCHUYLER, [THIRTY-DAY OBJECTION DEADLINE] Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. As discussed below, the Court finds the petition to be without merit and recommends it be DENIED. I. PROCEDURAL HISTORY On October 5, 2022, a Fresno County jury found Petitioner guilty of first degree murder with a firearm enhancement (Cal. Penal Code §§ 187(a), 12022.53(d)). (Doc. 9-1 at 273.) On November 2, 2022, Petitioner was sentenced to a term of 50 years to life. (Doc. 9-1 at 273.) Petitioner appealed to the California Court of Appeal, Fifth…