Diaz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANCISCO XAVIER CARBAJAL, JR., No. 1:19-cv-01628-DAD-EPG (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATION, DENYING

RALPH DIAZ, PETITION FOR WRIT OF HABEAS

CORPUS, AND DECLINING TO ISSUE

Respondent. CERTIFICATE OF APPEALABILITY (Doc. No. 7) 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter was referred to the magistrate judge pursuant to 28 U.S.C. § 636(b)(1). On December 11, 2019, the assigned magistrate judge issued findings and recommendation recommending that the petition be denied. (Doc. No. 7.) Specifically, the magistrate judge concluded that (1) petitioner cannot bring a petition directed solely at an expired conviction and (2) petitioner previously sought and was denied federal habeas relief with respect to his current sentence. (Doc. No. 7.) The findings and…