UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JASPER BAILEY, G60744, Case No. 20-cv-04428-CRB (PR)
Petitioner, ORDER DISMISSING PETITION FOR
A WRIT OF HABEAS CORPUS AND
v. DENYING A CERTIFICATE OF
APPELABILITY
C. KOENIG, Warden, (ECF Nos. 2, 4 & 5) Respondent.
I. Petitioner, a state prisoner incarcerated at the Correctional Training Facility in Soledad, California pursuant to a 2009 criminal judgment from Santa Clara County Superior Court, has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging the state courts’ recent denial of his motion for DNA testing pursuant to California Penal Code § 1405. Petitioner also seeks leave to proceed in forma pauperis (IFP) and appointment of counsel. Based solely on petitioner’s affidavit of poverty, his application for leave to proceed IFP (ECF Nos. 2 & 5) is GRANTED. II. Federal law opens two main avenues to…