Macomber

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH BUCKLEY Case No. 1:23-cv-00630-CDB (HC)

12 Petitioner, ORDER DENYING PETITION FOR WRIT

OF HABEAS CORPUS AND DECLINING

13 v. TO ISSUE CERTIFICATE OF

APPEALABILITY1

14 JEFF MACOMBER, (Doc. 1) 15 Respondent. 16 17 On April 24, 2023, Petitioner Kenneth Buckley (“Petitioner”), a state prisoner, filed a pro 18 se petition for writ of habeas corpus alleging a single ground for relief (“Petition”). (Doc. 1). On 19 May 23, 2023, Respondent filed an answer (Doc. 12), arguing Petitioner was not entitled to 20 habeas relief, and lodged the state court record in support (Docs. 11, 11-1 through 11-10). 21 Petitioner, through counsel, filed a traverse on June 26, 2023. (Doc. 16). For the reasons set 22 forth below, habeas relief is not warranted and a certificate of appealability will not issue. 23 I. PROCEDURAL AND FACTUAL BACKGROUND 24 A jury in the Kern County Superior Court convicted Petitioner of assault with a deadly 25 weapon, child abuse, and…