(HC) Soto v. Clark

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALEXANDER R. SOTO, Case No. 1:21-cv-00691-JLT-HBK (HC) Petitioner, FINDINGS AND RECOMMENDATIONS TO

DENY PETITIONER’S PETITION AND

v. DECLINE TO ISSUE A CERTIFICATE OF

APPEALABILITY

KEN CLARK,

FOURTEEN-DAY OBJECTION PERIOD

Respondent.

16 17 I. STATUS Petitioner Alexander R. Soto (“Petitioner” or “Soto”), a state prisoner, is proceeding pro se on his Petition for Writ of Habeas Corpus filed under 28 U. S.C. § 2254 on April 26, 2021. (Doc. No. 1, “Petition”). Petitioner challenges his August 28, 2017 judgment of conviction after a jury trial for: (1) murder in violation of Penal Code § 187(a); (2) assault on a police officer in violation of Penal Code § 245(c),2 and evading an officer with willful or wanton disregard for safety in violation of Vehicle Code, § 28000.2(a)3 for which he was sentenced by the Fresno

1 This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local…