(HC) Soto v. Clark

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ALEXANDER R. SOTO, ) Case No.: 1:21-cv-0691 JLT HBK (HC) ) Petitioner, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS, DENYING PETITION v. ) FOR WRIT OF HABEAS CORPUS, ) DIRECTING CLERK OF COURT TO CLOSE KEN CLARK, ) CASE, AND DECLINING TO ISSUE ) CERTIFICATE OF APPEALABILITY Respondent. ) ) (Docs. 1, 17) ) Alexander R. Soto is a state prisoner proceeding pro se with his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, raising grounds for relief related to: (1) Petitioner’s sixth amendment right to present his defense and testify on his own behalf due to an objection sustained during his testimony, (2) the trial court’s failure to instruct on vehicular manslaughter as a lesser included offense to murder, and (3) inability to present a complete defense due to the trial court’s failure to instruct on vehicular manslaughter. (See generally Doc. 1 at 9-20.) The 23…