Flemming

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

8 9 10 DAJUAN FLEMMING, No. C 17-07358 WHA 11 Petitioner, 12 v. ORDER DENYING PETITION

FOR WRIT OF HABEAS

13 DAVID BAUGHMAN, Warden, CORPUS 14 Respondent. / 15 16 INTRODUCTION 17 Petitioner Dajuan Flemming is a state prisoner serving a sentence of life in custody for 18 first degree murder. He seeks federal habeas corpus relief pursuant to 28 U.S.C. § 2254. For the 19 reasons stated below, the petition is DENIED. 20 STATEMENT 21 The following facts are taken from the California Court of Appeal opinion. On March 25, 22 2009, petitioner Dajuan Flemming was visiting his cousin Raul Toscano Jr.’s home in Oakland. 23 That evening, unidentified persons drove by the home in a red Mustang and shot at petitioner and 24 his friends, injuring petitioner’s uncle, cousin, and one other person. When interviewed by police 25 shortly after the shooting, petitioner refused to provide information about the shooter. Two days 26 …