Garcia

1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 PHILLIP GARCIA, Case No. 19-cv-02083-JD

Plaintiff,

ORDER RE HABEAS PETITION AND

v. CERTIFICATE OF APPEALABILITY

JOE LIZARRAGA, Re: Dkt. No. 1 Defendant.

Petitioner Phillip Garcia, a California state prisoner, brings five claims under 28 U.S.C. § 2254 in this petition for habeas relief. Dkt. No. 1. The Court ordered respondent to show cause why the writ should not be granted. Dkt. No. 3. Respondent filed an answer, Dkt. No. 14, and Garcia filed a traverse, Dkt. No. 19. The petition is denied. BACKGROUND The California Court of Appeal provided a detailed account of the material facts and trial proceedings that will not be repeated in toto here. See People v. Pettie, 16 Cal. App. 5th 23 (2017). The petition raises five claims for relief, which were previously raised in Garcia’s state court appeal. Garcia’s first claim is that the court of appeal, after finding a violation of the …