Cutrufelli

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SAMUEL JOSEPH CUTRUFELLI, Case No. 20-cv-05928-EMC

Petitioner,

ORDER DENYING PETITION FOR A

v. WRIT OF HABEAS CORPUS

C. KOENIG,1 Respondent.

12 13 I. INTRODUCTION Samuel Cutrufelli, a prisoner currently incarcerated at Correctional Training Facility in Soledad, filed this pro se action for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent has filed an answer and Mr. Cutrufelli has filed a traverse. Mr. Cutrufelli’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:

1. The Prosecution’s Case

At about 11:00 a.m. on January 4, 2012, 90-year-old Jay L. (J.L.) was in his bedroom at his house in Greenbrae, California, when he heard a…