Holbrook

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 FIDEL TAFOYA Case No. 1:22-cv-00932-JLT-CDB (HC)

Petitioner, FINDINGS AND RECOMMENDATION

TO DENY PETITION FOR WRIT OF

v. HABEAS CORPUS AND DECLINE TO

ISSUE CERTIFICATE OF

DAVID HOLBROOK, Warden APPEALABILITY1

Respondent. 14-DAY DEADLINE

(Doc. 1)

On July 27, 2022, Petitioner Fidel Tafoya (“Petitioner”), a state prisoner proceeding through counsel, filed a Petition for Writ of Habeas Corpus alleging two grounds for relief (“Petition”). (Doc. 1). On October 24, 2022, Respondent filed an answer (Doc. 15), arguing Petitioner was not entitled to habeas relief, and lodged the state court record in support (Docs. 13, 13-1 through 13-17). Petitioner filed a traverse on November 21, 2022. (Doc. 19). For the reasons set forth below, the undersigned recommends that the district court deny the Petition and decline to issue a certificate of appealability. I. PROCEDURAL…