Samuel

(HC) Allen v. Samuel

Good Law
United States District Court, Eastern District of CaliforniaMarch 3, 20221:21-cv-01088California7,197 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

CLARENCE RAY ALLEN, Case No. 1:21-cv-01088-DAD-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION

RECOMMENDING DENIAL OF PETITION

v. FOR WRIT OF HABEAS CORPUS D. SAMUEL, Respondent.

15 Petitioner Clarence Ray Allen is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In the petition, Petitioner asserts instructional error claims. For the reasons discussed herein, the undersigned recommends denial of the petition for writ of habeas corpus. I. BACKGROUND On August 14, 2018, Petitioner was convicted by a jury in the Fresno County Superior Court of carjacking (count 1), second-degree robbery (count 2), and assault with a firearm (count 5). The jury found true the special allegations regarding Petitioner’s personal use of a firearm during the commission of the offenses. (CT1 256–58). Petitioner was sentenced to five years for the carjacking plus…

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