Brian Hernandez v. Jeff Macomber

I. BACKGROUND AND SUMMARY1

17 On October 13, 2021, Petitioner Brian Hernandez – who was then 18 represented by counsel – filed a Petition for Writ of Habeas Corpus (“Prior Federal 19 Petition”) challenging his 2018 conviction and sentence in Riverside County 20 21 1The background and procedural history set forth herein are derived from the Petition for Writ of Habeas Corpus by a Person in State Custody (“Current Petition”) filed in the instant action (Docket No. 1), the docket and records filed in Petitioner’s prior federal habeas action (Brian Hernandez v. Craig Koenig, United States District Court for the Central District of California case no. 5:21-cv-01732-DSF-JC (“Prior Federal Action”)), and the dockets of the Riverside County Superior Court (available online at https://www.riverside.courts.ca.gov), the California Court of Appeal and California Supreme Court (available online at https:// appellatecases.courtinfo.ca.gov), and the United States Court of Appeals for the Ninth Circuit 26 (“Ninth Circuit”) (https://pacer.uscourts.gov), of which the Court takes judicial notice. See Fed. R. Evid. 201; Harris v. Cnty. of Orange, 682 F.3d 1126, 1131-32 (9th…