Muro

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ANTONIO MURO, Case No.: 22cv550-LL-LR

Petitioner,

ORDER:

v. (1) ADOPTING REPORT AND CONNIE GIPSON, Warden; et al.,

RECOMMENDATON

Respondents. [ECF No. 28]

16 (2) DENYING FIRST AMENDED PETITION FOR WRIT OF HABEAS

CORPUS

18 [ECF No. 1] 19 (3) DECLINING TO ISSUE

CERTIFICATE OF

APPEALABILITY

22 On April 20, 2022, Antonio Muro (“Petitioner”), a California state prisoner proceeding pro se, initiated this matter by filing a First Amended Petition for writ of habeas corpus (“Petition”) pursuant to 28 U.S.C. § 2254. ECF No. 1. Petitioner asserts claims of ineffective assistance of counsel due to counsel’s failure to argue for jury instruction on provocation, and violation of due process rights when the court and counsel finalized jury 28 instructions in Petitioner’s absence. Id. Respondents filed an Answer to the Petition [ECF No. 21] and…