Covello

I. BACKGROUND

7 The Court takes judicial notice of the following facts regarding Petitioner’s 9 underlying conviction taken from another habeas action before this Court. See Calderon v. Covello, Case No. 22-cv-03487-BLF (PR), Dkt. No. 27. Other information was taken 11 from the California Appellate Court’s Case Information website.2 In March 1993, a Santa Clara County Superior Court jury found Petitioner guilty of second degree murder of his month-old son and two counts of felony child endangerment. The trial court sentenced Petitioner to 21 years to life in state prison. In 1994, the California Court of Appeal affirmed the conviction in an unpublished opinion (No. H011306) on August 3, 1994. See Calderon v. Covello, Case No. 22-cv- 03487-BLF (PR), Dkt. No. 16-1. Petitioner did not petition for review in the California Supreme Court. See fn. 3. Petitioner filed habeas petitions in the California Court of Appeal in 1997 (No. H017544) and in 2012 (No. H038953). Both petitions were summarily denied. See fn. 3. On June 6, 2021, Petitioner filed a habeas petition in the Santa Clara County …