(HC) Shaw v. High Desert State Prison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 LONDON SHAW, No. 2:15-cv-01604-MCE-AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS HIGH DESERT STATE PRISON

WARDEN,

14 Respondent. 15 Petitioner is a California state prisoner proceeding pro se with an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This action proceeds on the petition filed on July 27, 2015, ECF No. 1, which presents four claims challenging petitioner’s 2012 conviction and sentence for second degree murder with an enhancement for use of a firearm in a violent offense, and a gang enhancement; and his 2013 conviction and sentence for the personal and intentional use of a firearm causing great bodily injury or death. Respondent filed an answer, ECF No. 11, and petitioner filed a traverse, ECF No. 16. BACKGROUND I. First Trial A. Pretrial Proceedings Petitioner and co-defendant Dominique Givens were charged in Sacramento County with the 2009 murder…