Baumer

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 WILLIAM JOSEPH BAUMER, Case No.: 3:19-cv-0870-CAB-WVG

Petitioner,

ORDER DENYING OF PETITION

v. FOR WRIT OF HABEAS CORPUS

AND DENYING CERTIFICATE OF

RALPH DIAZ, Warden,

APPEALABILITY

Respondent. 16 17 I. INTRODUCTION Petitioner William Joseph Baumer (“Petitioner” or “Baumer”), a state prisoner proceeding pro se, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, challenging his 2001 sentence stemming from his conviction in San Diego 22 Superior Court case number SF141219. (See Pet. at 1, ECF No. 1.) On January 3, 2001, Petitioner was sentenced to 78-years-to-life in prison under California’s Three Strikes Law after being convicted of two counts of battery on a nonconfined person, one count of possession of a weapon or sharp instrument while confined in a penal institution, and one

27 Page numbers for docketed materials cited in this Report and Recommendation refer to 28 1 …