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

Case 2:18-cv-00077-MCE-KJN Document 49 Filed 02/22/21 Page 1 of

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

BENJAMIN SERRATOS III, No. 2:18cv0077 MCE KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS THE PEOPLE OF THE STATE OF

CALIFORNIA,

15 Respondent.

I. Introduction1

Petitioner is a state prisoner, proceeding with counsel,2 with an application for a writ of

habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2012 convictions for

second degree murder, gross vehicular manslaughter, driving while intoxicated and causing

injury, driving with a blood alcohol content greater than .08 percent and causing injury, and hit

1 “ECF” refers to this court’s case management and electronic case files; “LD” refers to the Lodged Documents filed by respondent on November 19, 2018. All page number references are to those assigned by the CM/ECF system. 2 Petitioner filed the original…