Randy Lee Scroggins v. Steve Smith

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RANDY LEE SCROGGINS, Case No. 1:24-cv-00519-JLT-CDB (HC)

Petitioner, FINDINGS AND RECOMMENDATION

TO DENY PETITION FOR WRIT OF

v. HABEAS CORPUS AND DECLINE TO

ISSUE CERTIFICATE OF

STEVE SMITH, APPEALABILITY1

Respondent. 14-DAY DEADLINE

(Doc. 1)

On May 1, 2024, Petitioner Randy Lee Scroggins (“Petitioner”), a state prisoner proceeding pro se and in forma pauperis, filed a petition for writ of habeas corpus under 28 U.S.C. § 2254 (“Petition”). (Doc. 1). 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 AND FACTUAL BACKGROUND On December 13, 2019, a jury in the Tulare County Superior Court convicted Petitioner of attempted murder with additional findings regarding the use of a firearm and causing bodily injury; assault with a firearm;…