Tapia-Felix
Tapia-Felix v. Gastelo
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 OSCAR TAPIA-FELIX, Case No. 19-cv-00972-HSG
Petitioner, ORDER DENYING PETITION FOR A
WRIT OF HABEAS CORPUS;
v. DENYING CERTIFICATE OF
APPEALABILITY
ROSEMARY NDOH,
Respondent.
12 Petitioner, a state prisoner incarcerated at Avenal State Prison,1 filed this pro se action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the validity of a conviction obtained against him in state court. Dkt. No. 1. Respondent has filed an answer. Dkt. Nos. 8-9. Petitioner has filed a traverse. Dkt. No. 10. The Court has carefully considered the briefs submitted by the parties. For the reasons set forth below, the petition is DENIED. PROCEDURAL HISTORY In 2017, a Napa County jury convicted petitioner of second degree murder (Cal. Penal Code §§ 187-189); gross vehicular manslaughter while intoxicated (Cal. Penal Code § 191.5(a)), and evading a policy officer causing death (Cal.…