(HC) Lupercio v. People of the State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAMON NAVARRO LUPERCIO, Case No. 1:20-cv-00925-NONE-JDP Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS

v. PETITION PEOPLE OF THE STATE OF (Doc. No. 6, 8)

CALIFORNIA,

15 Respondent.

17 Petitioner Ramon Navarro Lupercio, a state prisoner proceeding without counsel, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1.) Therein he alleges that he received ineffective assistance from his counsel; the trial court erred in denying his motion to continue his trial; there was insufficient evidence presented at his trial to support his conviction; he has discovered new, exculpatory evidence; and perhaps that evidence was presented to the jury outside the presence of his attorney. (Id.) This action was referred to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 25 26 This is how the assigned magistrate judge characterized petitioner’s final claim. (Doc. No.…