Sherman

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LARRY BANKS, Case No. 1:20-cv-01225-DAD-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS, DENY PETITIONER’S

REQUEST TO DISREGARD MOTION TO

STU SHERMAN, DISMISS, AND DISMISS PETITION FOR

WRIT OF HABEAS CORPUS

Respondent.

ORDER DENYING PETITIONER’S

SECOND REQUEST FOR APPOINTMENT

OF COUNSEL

16 (ECF Nos. 11, 19, 20) 17 Petitioner Larry Banks is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. As the instant petition fails to state a cognizable federal habeas claim, the undersigned recommends dismissal of the petition. I. BACKGROUND On September 23, 2009, Petitioner was convicted by a jury in the Fresno County Superior Court of first-degree murder. The jury found that Petitioner personally used a knife during the commission of the murder. On…