Horn

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHAQUILLE HUSTON, No. 2:21-cv-02277 AC Petitioner, v. ORDER AND PATWIN HORN, Warden, FINDINGS AND RECOMMENDATIONS Respondent.1 16 Petitioner is a California state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The action proceeds on the Third Amended Petition, ECF No. 16, which challenges petitioner’s 2017 conviction for first degree murder and related offenses. Respondent has answered, ECF No. 28, and petitioner has filed a traverse, ECF No. 31. BACKGROUND I. Proceedings in the Trial Court A. Preliminary Proceedings Petitioner and co-defendant Dayvon Terrell Stroupe were charged in Sacramento County

26 A federal petition for writ of habeas corpus must name as respondent the state officer having custody of the petitioner. See 28 U.S.C. § 2254; Rule 2(a) of the Rules Governing Section 2254 Cases in the…