(HC) Escalon v. K.V.S.P. Warden

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

RICHARD VICTOR ESCALON, Case No. 1:19-cv-00722-LJO-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION

RECOMMENDING DENIAL OF FIRST

v. AMENDED PETITION FOR WRIT OF

HABEAS CORPUS

K.V.S.P. WARDEN, (ECF No. 17) Respondent.

16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. BACKGROUND On August 5, 2014, Petitioner was convicted after a jury trial in the Fresno County Superior Court of first-degree murder. The jury also found that Petitioner personally used a deadly weapon. (2 CT1 580). Petitioner was sentenced to an imprisonment term of thirty-one years to life. (2 CT 586–87, 590). On January 8, 2018, the California Court of Appeal, Fifth Appellate District affirmed the judgment. People v. Escalon, No. F070024, 2018 WL 316846 (Cal. Ct. App. Jan. 8, 2018). On January 26, 2018, the California Court of Appeal, Fifth 27 …