Peavy

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 EMANUAL JAMES PEAVY, Case No.: 19cv0743-MMA (BGS)

Petitioner,

ORDER DENYING PETITION FOR A

v.

WRIT OF HABEAS CORPUS AND

RAYMOND MADDEN, Warden, DENYING CERTIFICATE OF Respondent. APPEALABILITY 15 16 Emanual James Peavy (“Petitioner”) is a California state prisoner proceeding pro se and in forma pauperis with a Second Amended Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (ECF No. 13.) Petitioner was convicted in San Diego County Superior Court of one count each of first degree murder and attempted murder, which a jury found were committed with the personal use of a firearm and for the benefit of, at the direction of, or in association with a criminal street gang, and was sentenced to 50 years to life plus 39 years in state prison. (Id. at 21-22.) He claims here that his federal constitutional right to due process was violated by the admission of evidence which was more prejudicial than probative and rendered his trial…