Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH R. GRUSHEN, JR., No. 2:18-cv-2913 DB P Petitioner, v. ORDER AND PATRICK COVELLO, Warden, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma pauperis. Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a). I. Procedural Background Petitioner was convicted in 2008 in the San Joaquin County Superior Court of violations of California Penal Code § 246 (discharge of a firearm at an inhabited dwelling, vehicle, or aircraft) and Penal Code § 12022.53(d) (additional punishment for intentional use or discharge of a firearm which caused great bodily injury or death). Pet. Attach. (Order of…