(HC)Kirkland

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TREVON R. KIRKLAND, No. 2:20-CV-0748-JAM-DMC-P Petitioner, v. FINDINGS AND RECOMMENDATIONS DIAZ, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court are Petitioner’s petition for a writ of habeas corpus (ECF No. 1), Respondent’s motion to dismiss (ECF No. 12), Petitioner’s opposition to the motion to dismiss (ECF No. 18), and Respondent’s reply to the opposition (ECF No. 20). / / / / / / / / / / / / / / / / / / / / / I. BACKGROUND A. Facts1 The state appellate court recited the following facts, and Petitioner has not offered any clear and convincing evidence to rebut the presumption that these facts are correct:

The victims were a boyfriend and girlfriend, both around 14 years old. They were hanging out at an…