Penton
Penton v. Kernan
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ANTHONY PENTON, Case No.: 6-cv-233-WQH-RBM
Petitioner,
ORDER
v. A. MALFI, Respondent. 16 HAYES, Judge: The matter before the Court is the Motion for Certificate of Appealability filed by Petitioner Anthony Penton. (ECF No. 79). I. BACKGROUND On January 31, 2006, Petitioner filed a Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254. (ECF No. 1). On October 2, 2006, Petitioner filed an Amended Petition against Respondent A. Malfi. (ECF No. 21). On August 31, 2007, the Magistrate Judge issued a Report and Recommendation recommending that the Court deny Petitioner’s Amended Petition. (ECF No. 36). The Magistrate Judge recommended that the Court deny the claims that a new trial should have been granted under the Due Process Clause and the right to confrontation. The Magistrate Judge recommended that the Court deny Petitioner’s claims that California’s Three…