Peay

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 LORENZO LAMAR PEAY, Case No.: 20cv2388-WQH (KSC)

Petitioner,

ORDER DENYING PETITION FOR A

v.

WRIT OF HABEAS CORPUS AND

KATHLEEN ALLISON, Secretary, et al., GRANTING A CERTIFICATE OF Respondents. APPEALABILITY 15 16 Presently before the Court is a Petition for a Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 by Lorenzo Lamar Peay, a state prisoner proceeding by and through counsel. (ECF No. 1.) Respondent has filed an Answer and a Notice of Lodgment of the state court record. (ECF Nos. 6-7.) Petitioner has filed a Traverse. (ECF No. 9.) I. Background A jury found Petitioner guilty of one count of rape of an unconscious person and one count of rape of an intoxicated person, for which he was sentenced to six years in state prison. (ECF No. 7-1 at 187-88, 191.) The jury began their deliberations on a Friday

26 Although this case was referred to United States Magistrate Judge Karen S. Crawford pursuant to 28 U.S.C. § 636(b)(1)(B),…