Foss

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JUSTIN ANTHONY BANKS, No. 1:20-cv-00008-AWI-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION

TO DENY PETITION FOR WRIT OF

v. HABEAS CORPUS T. FOSS, [TWENTY-ONE DAY OBJECTION

DEADLINE]

Respondent. 15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He is currently serving a sentence of 83 years-to-life for his conviction of first-degree murder. He has filed the instant habeas action challenging the conviction. As discussed below, the Court finds the claim to be without merit and recommends the petition be DENIED. I. PROCEDURAL HISTORY On June 17, 2016, in Stanislaus County Superior Court, a jury found Petitioner guilty of first-degree murder (Cal. Penal Code § 187). (Doc. 1 at 1.) In addition, the jury found true the allegation that Petitioner personally and intentionally discharged a gun proximately causing death 25…