Ndoh

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALEX ANTHONY RUBIO, Case No. 1:20-cv-00085-JLT-HBK (HC) Petitioner, FINDINGS AND RECOMMENDATIONS TO

DENY PETITION FOR WRIT OF HABEAS

v. CORPUS AND TO DECLINE TO ISSUE A

CERTIFICATE OF APPEALABILITY

ROSEMARY NDOH,

FOURTEEN-DAY OBJECTION PERIOD

Respondent. (Doc. No. 1) 16 17 18 19 Petitioner Alex Anthony Rubio (“Rubio” or “Petitioner”), a state prisoner proceeding pro se, has pending a petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1, “Petition”). The Petition raises two grounds for relief: (1) the evidence was insufficient to support his conviction for murder and gross vehicular manslaughter; and (2) the trial court committed reversible error by refusing to quash and traverse a warrant and suppress evidence of his blood-alcohol level from a compulsory blood draw. (Id. at 5-7). For the reasons set forth below, the undersigned recommends the district court deny Petitioner any relief on his…