Macomber

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 DARREN CLEVELAND, Case No. 19-cv-01948-WHO (PR)

Petitioner,

ORDER DENYING PETITION FOR

v. WRIT OF HABEAS CORPUS

JEFF MACOMBER, Dkt. No. 19 Respondent.

9 INTRODUCTION Petitioner Darren Cleveland seeks federal habeas relief from his state convictions for attempted premeditated murder and assault and other crimes on grounds that the identification procedure was unduly suggestive in violation of due process, he received ineffective assistance of counsel, and the prosecutor committed misconduct. None of these claims has merit. The identification procedure was not tainted by law enforcement, and therefore Cleveland’s counsel had no legitimate basis on which to offer an objection. There is no evidence that the prosecutor committed misconduct. The petition is DENIED. BACKGROUND On May 28, 2014 Cleveland attempted to kill his son Dorian’s high school classmate, sixteen-year-old…