Gastelo

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DESHAWN ROBERTS, ) Case No.: 1:20-cv-01206 JLT HBK (HC) ) Petitioner, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS, DENYING PETITION v. ) FOR WRIT OF HABEAS CORPUS, ) DIRECTING CLERK OF COURT TO CLOSE JOSIE GASTELO, ) CASE, AND DECLINING TO ISSUE ) CERTIFICATE OF APPEALABILITY Respondent. ) ) (Docs. 1, 20) ) Deshawn Roberts is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 1.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. The assigned magistrate judge observed that Petitioner argued “the trial court abused its discretion when it declined to strike the firearm enhancement under Penal Code § 12022.53(h).” (Doc. 20 at 13.) The magistrate judge found this ground for relief was not cognizable, “[b]ecause this Court must defer to the…