Davis

Davis v. Asuncion

Good Law
United States District Court, Northern District of CaliforniaJanuary 18, 20235:19-cv-00444-EJDCalifornia11,065 words

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. …

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