Gastelo

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GASPAR DRAKE, Case No. 1:18-cv-00523-NONE-JDP Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS

v. PETITION J. GASTELO, (Doc. No. 22) Respondent. 16 Petitioner Gaspar Drake, a state prisoner proceeding without counsel in this action, seeks federal habeas corpus relief under 28 U.S.C. § 2254. (Doc. No. 1.) In 2015, petitioner was convicted by a Kings County Superior Court jury of battery on a non-prisoner and obstructing a correctional officer in the performance of his duties. (Doc. No. 16 at 11–16.) Petitioner seeks relief on the ground that at his trial on those charges the testimony of two witnesses necessary to his defense was improperly excluded. (Id. at 24.) This action was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 30, 2020, the assigned magistrate judge issued findings and recommendations, 25 …