Flemming

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

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

FOR WRIT OF HABEAS

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