(HC) Murphy v. Attorney General of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSHUA MURPHY, No. 2:19-cv-02546 KJM GGH P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

THE PEOPLE OF THE STATE OF

CALIFORNIA,

15 Respondent.

17 Introduction and Summary Petitioner, a former state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302(c). Petitioner has filed a petition for habeas corpus relief with respect to his conviction for possession of a large capacity magazine (Cal. Penal Code § 32310) and possession of child pornography (Cal. Penal Code § 311.11(a)). Petitioner initially received a sentence of four years of probation. See People v. Murphy, No. C084178, 2019 WL 1235623 (Cal. Ct. App. Mar. 18, 2019) (“Murphy 1”). He was later found to have violated conditions of his probation. “The trial court terminated probation,…