Rivera

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RICKY V. RIVERA, Case No.: 20cv1831 GPC (RBM)

Petitioner,

ORDER:

v. (1) DENYING PETITION FOR A WRIT KEN CLARK, Warden,

OF HABEAS CORPUS;

Respondent. (2) DENYING REQUESTS FOR AN

EVIDENTIARY HEARING AND

APPOINTMENT OF COUNSEL; AND

18 (3) DENYING A CERTIFICATE OF APPEALABILITY Ricky V. Rivera (“Petitioner”) is a state prisoner proceeding pro se and in forma pauperis with a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (ECF Nos. 1, 7.) Petitioner challenges his San Diego County Superior Court conviction in case number SDC240753 for battery with serious bodily injury with an additional finding he personally inflicted great bodily injury on the victim. (See Clerk’s Tr. [“CT”] 472, 474, Lodgment No. 1, ECF No. 11.) After resentencing, Petitioner is currently serving a total sentence of 18 years as a result of consecutive sentences from the…