William Barton v. San Joaquin

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

9 10 WILLIAM BARTON, Case No. CV 20-00078 FMO (RAO) 11

Petitioner, 12

MEMORANDUM AND ORDER

v. RE SUMMARY DISMISSAL OF 13

PETITION FOR WRIT OF

SAN JOAQUIN, HABEAS CORPUS AND DENIAL

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OF CERTIFICATE OF

Respondent. APPEALABILITY 15 16 17 I. BACKGROUND 18 On January 3, 2020, Petitioner William Ray Barton (“Petitioner”) filed a 19 Petition for Writ of Habeas Corpus (“Petition”). Pet., Dkt. No. 1. 20 Petitioner was convicted of his underlying criminal offense in 1976. Pet. at 2. 21 Petitioner asserts that he can prove his innocence if he has a trial. Id. at 3. Records 22 of the California Supreme Court indicate that Petitioner has not filed any appeals or 23 state habeas petitions with that court.1 24

25 1 The Court takes judicial notice of the records of the California Supreme Court, 26 which are available at http://appellatecases.courtinfo.ca.gov. See Fed. R. Evid. 201(b)(2) (providing that a court may take judicial notice of adjudicative facts that 27 “can be…