Diaz

BACKGROUND

20 A. Statement of the Facts of the Offense2 21 Prosecution’s Case 22 On January 4, 2014 at 4:31 a.m., Zane Monroe called 911 from his girlfriend, Bonnie Palmer’s, house. He said to the dispatcher, “[S]omeone just split the back of my head with a flashlight hella hard” and “I need an ambulance.” He said “Miah” was the person who hit him and there was someone else with Miah. Monroe explained Miah accused him of stealing a sluice box. He then stated that he was “preparing to fight for [his] life” and was “s-s-seriously bleeding.”

26 1 Patrick Covello is the Warden of Mule Creek State Prison, where Petitioner is currently housed. (ECF No. 25 at 1 n.1.) Accordingly, the Court substitutes Patrick Covello as Respondent in this matter. See Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir. 1996). 2 The Court relies on the California Court of Appeal’s October 4, 2016 opinion for this summary of the facts of the Sheriff’s Deputy Brandon Green responded to the call. When he arrived, he noticed a large gash on the right side of Monroe’s head. Monroe told Sheriff’s Sergeant Eric Erhardt, who also responded to the call, that Miah hit…