Bogarin

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 11 ANTHONY BOGARIN, Case No.: 16cv2793-BTM (MSB) Petitioner, ORDER:

v. (1) ADOPTING THE FINDINGS AND S. HATTON, Warden, et al., CONCLUSIONS OF UNITED STATES Respondents. MAGISTRATE JUDGE;

(2) OVERRULING PETITIONER’S

OBJECTIONS;

(3) DENYING PETITION FOR A WRIT OF HABEAS CORPUS; and

(4) ISSUING A CERTIFICATE OF

APPEALABILITY AS TO ALL

CLAIMS

23 Petitioner Anthony Bogarin is a state prisoner proceeding pro se and in forma pauperis with a First Amended Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (ECF No. 29.) He challenges his San Diego County Superior Court conviction of attempted first degree burglary for which he was sentenced to 35 years to life in prison, enhanced by two prior burglary convictions. (Id. at 1-2.) He claims insufficient evidence supports the element of attempted burglary requiring a direct…