Davey

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

DOSHMEN JOHNSON,

No. 2:16-cv-01362-JKS Petitioner,

ORDER

vs. [Re: Motion at Docket No. 33] DAVID BAUGHMAN, Warden, California State Prison, Sacramento, Respondent. This Court denied Doshmen Johnson, a state prisoner represented by counsel, habeas relief on April 10, 2018. Docket Nos. 27, 28. Johnson timely filed a notice of appeal, Docket No. 30, and the Ninth Circuit Court of Appeals granted a certificate of appealability as to whether trial counsel was ineffective for failing to present cell phone records which would have shown that Johnson was not at the scene of the shooting, Ninth Cir. Case No. 18-15681, Docket No. 4. While his appeal of the federal habeas petition was pending in the Ninth Circuit, Johnson filed a petition for writ of habeas corpus in the Sacramento Superior Court, Case No. 18HC00198, and the Ninth Circuit stayed the appellate proceedings pending resolution of that petition. Ninth Cir. Case No. 18-15681, Docket No. 14. After conducting an evidentiary hearing, the Superior Court denied Johnson’s habeas petition. Docket No. 37-6 at 68-90 (oral ruling). …