(HC) Kyle S. Cooper v. D. Baughman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KYLE S. COOPER, No. 2:16-cv-3039 DB Petitioner, v. ORDER D. BAUGHMAN, Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Both parties have consented to proceed before the undersigned for all purposes pursuant to 28 U.S.C. § 636(c). (ECF Nos 7, 13). Presently before the court is the petition (ECF No. 1) and respondent’s answer for merits review (ECF No. 17). For the reasons set forth below the court will deny habeas relief. BACKGROUND I. Procedural History On December 17, 2013, a jury found petitioner guilty of three counts of robbery and determined that he personally used a firearm in the commission of each robbery. (ECF No. 17 at 21.) On June 5, 2015, the trial court sentenced defendant to a total of thirty-seven years in prison for the robberies, use of a firearm, possession of an SKS…