Powell

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DIANTAY M. POWELL, Case No. 19-cv-00018-EMC

Petitioner,

ORDER DENYING PETITION FOR A

v. WRIT OF HABEAS CORPUS

STU SHERMAN, Respondent.

12 13 I. INTRODUCTION Diantay M. Powell, a prisoner currently incarcerated at Mule Creek State Prison in Ione, filed this pro se action for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent has filed an answer and Mr. Powell has filed a traverse. Mr. Powell’s petition is now before the Court for review on the merits. For the reasons discussed below, the petition for writ of habeas corpus will be denied. II. BACKGROUND A. The Crime The California Court of Appeal described the crime as follows:

In the early morning hours of November 25, 2012, 18–year–old [Mr. Powell] was socializing with his cousin Antonio Edwards and their 16–year–old friend, Quincy Carter. They had consumed cough syrup,…