Muniz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHARLES LAWTON, Case No. 1:17-cv-00737-DAD-JDP Petitioner, FINDINGS AND RECOMMENDATIONS TO

DENY PETITION FOR WRIT OF HABEAS

v. CORPUS AND DECLINE TO GRANT A

CERTIFICATE OF APPEALABILTY

WILLIAM MUNIZ, Warden,

OBJECTIONS DUE IN THIRTY DAYS

Respondent. ECF No. 9

ORDER DENYING PETITIONER’S MOTION

FOR AN EVIDENTIARY HEARING ECF No. 9 19 Petitioner Charles Lawton, a state prisoner proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 9. Petitioner claims that his due process rights were violated when: (1) the trial court failed to bifurcate gang enhancement proceedings from the remainder of his criminal trial; (2) police officers used an unduly suggestive identification procedure; and (3) the trial court refused to excuse a biased juror. See id. at 4-5. For the reasons below, we recommend that the court deny…