Bathen

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 11 BENJAMIN LEE BATHEN, Case No. 20-cv-2063-MMA (MSB)

Petitioner,

ORDER DENYING PETITION

v. FOR WRIT OF HABEAS

CORPUS;

KATHLEEN ALLISON, et al.,

Respondents. AND DENYING CERTIFICATE

OF APPEALABILITY

18 Petitioner Benjamin Lee Bathen (“Petitioner”) is a state prisoner represented by counsel and proceeding with a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. See ECF No. 1 (“Petition”). The Court has read and considered the Petition, the Supplemental Briefing filed by Petitioner, see Doc. No. 11, the Answer and Memorandum of Points and Authorities in Support of the Answer, see Doc. Nos. 16, 16- 1, the Traverse see Doc. No. 19, the lodgments and other documents filed in this case, and the legal arguments presented by both parties. For the reasons discussed below, the Court DENIES the Petition and DENIES a Certificate of Appealability. 27 28 I. FACTUAL BACKGROUND 2…