Davis
Davis v. Asuncion
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 JOHN DAVIS, Case No. 19-cv-00444-EJD
Petitioner, ORDER DENYING PETITION FOR
WRIT OF HABEAS CORPUS
v.
DEBBIE ASUNCION, Re: ECF No. 17 Respondent.
13 John Davis (“Davis”), presently incarcerated at the California State Prison, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 to challenge his state court conviction. Petition for Writ of Habeas Corpus. ECF No. 1. Davis subsequently filed an Amended Petition, ECF No. 8, and the operative Second Amended Petition (“Petition” or “Pet.”), ECF No. 17. The Court then issued an Order to Show Cause to Respondent. ECF No. 18. Respondent answered the order to show cause, ECF Nos. 26, 26-1 (“Answer”), and Davis filed a Traverse, ECF No. 31. Having considered the parties’ papers, the record in this case, and the relevant legal authority, the Court DENIES Davis’s Petition for the reasons discussed below. I. …