McGowen

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 MYKOLAY MCGOWEN, Case No. 5:20-cv-07286-EJD

Plaintiff, ORDER DENYING PETITION FOR

WRIT OF HABEAS CORPUS

v.

LANDON BIRD, et al., Re: ECF No. 1 Defendants.

13 Petitioner Mykolay McGowen has filed a petition for a writ of habeas corpus under 28 U.S.C § 2254, challenging his state convictions for attempted murder. Respondents Warden Landon Bird and the People of the State of California (collectively, “Respondents”) filed a memorandum of points and authorities in support of their answer (ECF. No. 23), and Petitioner filed a traverse (ECF. No. 26). For the reasons set forth below, the petition for a writ of habeas corpus is DENIED. I. BACKGROUND A. Incident and Petitioners’ Trial On April 13, 2015, Christian and Myzil Waters were shot in front of their house in East Oakland. ECF No. 23-3, at 1417. Another victim, Dan Tran, was caught in the crossfire and shot while…