Profitt

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARVIN PROFITT, Case No. 17-cv-07136-JD

Petitioner,

ORDER RE PETITION FOR

v. WRIT OF HABEAS CORPUS AND

CERTIFICATE OF

LAKE COUNTY PROBATION APPEALABILITY DEPARTMENT, et al., 11 Respondents.

12 Marvin Profitt, a former prisoner and probationer, filed a habeas petition pursuant to 28 U.S.C. § 2254. The Court ordered respondent to show cause why the writ should not be granted. Respondent filed an answer and a memorandum of points and authorities in support of it, and lodged exhibits with the Court. Profitt filed a reply. The petition is denied. BACKGROUND A jury found Profitt guilty of felony driving with a blood alcohol content of .08 or higher, misdemeanor driving with a suspended licensed for driving under the influence (“DUI”), misdemeanor driving with a license suspended for driving with an excessive blood alcohol content and misdemeanor driving with a license suspended or revoked for other…