Atchley

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH D. FAIR, JR., No. 2:20-cv-01107-TLN-DB Petitioner, v. FINDINGS AND RECOMMENDATIONS MATTHEW ATCHLEY, Respondent. 16 Petitioner Joseph Fair, a state prisoner, proceeds pro se and in forma pauperis with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges his 2017 convictions for attempted premeditated murder and assault with a firearm, with enhancements for personally discharging a firearm resulting in paralysis and participating in a street gang. Petitioner raises one claim in his first amended habeas petition—the trial court prejudicially erred when it permitted a police sergeant to identify petitioner as the man in the bar’s surveillance video. For the reasons set forth below, this court recommends denying the petition. BACKGROUND I. Facts Established at Trial The California Court of Appeal for the Third Appellate District provided the following 27 …