Cisneros

(HC) Ruiz v. Cisneros

Good Law
United States District Court, Eastern District of CaliforniaJanuary 26, 20221:21-cv-00759California10,086 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GUADALUPE RUIZ, No. 1:21-cv-00759-DAD-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION

TO DENY PETITION FOR WRIT OF

v. HABEAS CORPUS T. CISNEROS, Warden, [THIRTY DAY OBJECTION DEADLINE] Respondent. 16 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. He is currently in state prison serving a sentence of 18 years-to-life for second degree murder. The habeas petition presents three claims challenging the conviction. As discussed below, the Court finds the claims to be without merit and recommends the petition be DENIED. I. PROCEDURAL HISTORY On September 13, 2017, a Kern County jury found Petitioner guilty of second-degree murder (Cal. Penal Code § 187(a)). (Doc. 17-2 at 30.1) In a separate court trial, the court found true four of Petitioner’s six alleged prior prison terms. (Doc. 17-2 at 12.) On…

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