Diaz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALBERT GARCIA, No. 1:20-cv-00304-NONE-JLT (HC) Plaintiff, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DENYING

RALPH DIAZ, PETITION FOR WRIT OF HABEAS

CORPUS, DIRECTING CLERK OF COURT

Respondent. TO ASSIGN DISTRICT JUDGE AND CLOSE

THE CASE, AND DECLINING TO ISSUE

CERTIFICATE OF APPEALABILITY (Doc. No. 18) 18 19 Petitioner is a state prisoner proceeding pro se and in propria persona with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted by a Tulare County Superior Court jury of: (1) attempted murder (California Penal Code §§ 664 and 187(a)) committed for the benefit of, at the direction of, or in association with a criminal street gang (id. § 186.22(b)(1)(C), (b)(5)); (2) assault with a deadly weapon (id. § 245(a)(1)) committed for the benefit of, at the direction of, or in…