(HC)Hernandez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANGEL HERNAN HERNANDEZ, No. 1:21-cv-01124-JLT-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION

TO DENY PETITION FOR WRIT OF

v. HABEAS CORPUS RON GODWIN, 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 35 years-to-life pursuant to a judgment of the Kings County Superior Court. The habeas petition presents five 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 March 2, 2016, a Kings County jury found Petitioner guilty of conspiracy to commit assault with a deadly weapon upon a custodial officer (Cal. Penal Code §§ 182(a)(1), 245.3). (Doc. 16-20 at 3.1) The jury found true the allegations…