Diaz

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SURIAL DIAZ, Case No. 21-cv-00137-JST

Plaintiff, ORDER DENYING PETITION FOR A

WRIT OF HABEAS CORPUS;

v. DENYING CERTIFICATE OF

APPEALABILITY

PATRICK COVELLO, Defendant. Re: ECF No.

12 Before the Court is Petitioner Surial Diaz’s petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254 to challenge the validity of his state criminal conviction. ECF No. 1. Respondent filed an answer to the petition, ECF No. 7, and Diaz filed a traverse, ECF No. 10. The Court will deny the petition. I. BACKGROUND The following factual and procedural background is taken from the California Court of Appeal’s opinion:

Jane Doe 1 and Jane Doe 2 are sisters. In 2004, they went to live in their paternal grandmother’s (grandmother) house after their parents “split up.” Defendant was married to grandmother and lived with her in the same house when the sisters lived there. …