Cueva

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

DONTE MARQUEE SMITH, Case No. 23-cv-03833-NC Plaintiff,

ORDER OF SERVICE

v. Re: ECF 1 DANIEL CUEVA, Defendant. 15 Petitioner Donte Marquee Smith, a state prisoner incarcerated at the California Medical Facility, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has consented to magistrate judge jurisdiction. ECF 3. I. BACKGROUND Petitioner was convicted by a jury of (1) murder, California Penal Code § 187; (2) attempted murder, California Penal Code §§ 187 and 644; (3) shooting at an occupied motor vehicle, California Penal Code § 246 in the Superior Court of California for Contra Costa County. ECF 1 (“Pet.”) at 2-3. Plaintiff was also subsequently found guilty of possession of a firearm with a prior juvenile delinquency adjudication, California Penal Code § 29820. Id. at 3. On January 30, 2015, he was sentenced to “life imprisonment without the possibility of parole plus 25 years to life…