Gastello

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARRELL WRIGHT, No. 1:20-cv-01099-NONE-EPG-HC 12 Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATION, DISMISSING

13 v. PETITION FOR WRIT OF HABEAS

CORPUS, DIRECTING CLERK OF COURT

14 J. GASTELLO, TO ASSIGN DISTRICT JUDGE AND CLOSE

CASE, AND DECLINING TO ISSUE A

15 Respondent. CERTIFICATE OF APPEALABILITY 16 (Doc. No. 10) 17 18 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 19 pursuant to 28 U.S.C. § 2254. Petitioner challenges his 1996 conviction and sentence in state 20 court for attempted murder, arguing that a change in law entitled him to additional due process in 21 state court and that his arraignment was deficient. (Doc. No. 1 at 5–6, 9–10.) On August 31, 22 2020, the assigned magistrate judge issued findings and recommendations recommending that the 23 pending petition be ed dismissed as an unauthorized second or successive petition. …