Diaz

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MONRELL D. MURPHY, Case No. 1:20-cv-01300-DAD-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION

RECOMMENDING DENIAL OF PETITION

v. FOR WRIT OF HABEAS CORPUS RALPH DIAZ, Respondent.

16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. BACKGROUND Petitioner currently is in the custody of the California Department of Corrections and Rehabilitation (“CDCR”) at the California Correctional Institute, serving an eight-year sentence after being convicted of two counts of robbery. (ECF No. 1 at 1).1 The events at issue in the petition occurred at Mule Creek State Prison. (ECF No. 19 at 48). On March 15, 2019, Inmate Treadwell arrived from Receiving and Release (“R&R”) and was assigned to a cell occupied by Petitioner. Upon arrival to the assigned cell, Treadwell was informed by Petitioner that Petitioner would not take a cell…