Santoro

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ENCARNACION BARRIENTOS, No. 1:21-cv-00758-SKO (HC) Petitioner, ORDER DENYING PETITION FOR WRIT

OF HABEAS CORPUS

v.

ORDER DIRECTING CLERK OF COURT

KELLY SANTORO, Warden, TO ENTER JUDGMENT AND CLOSE

CASE

Respondent.

ORDER DECLINING ISSUANCE OF

CERTIFICATE OF APPEALABILITY 17 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. All parties have consented to the jurisdiction of a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c)(1). (Docs. 7, 8.) Petitioner is serving a sentence of 38 years in prison after being convicted of active participation in a criminal street gang and heat-of-passion voluntary manslaughter. He filed the instant habeas action challenging the conviction. He claims that the trial court erred in instructing the jury, that the jury found the homicide was legally justified…