Higuera

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 VICTOR HIGUERA, Case No.: 3:23-cv-1083-BTM-KSC

Petitioner,

ORDER:

v. (1) DENYING PETITION FOR

WRIT OF HABEAS CORPUS AND

KELLY MARTINEZ, Sheriff, (2) DENYING CERTIFICATE OF Respondent.

APPEALABILITY

17 18 I. INTRODUCTION Before the Court is a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (“Petition” or “Pet.”) filed by Victor Higuera, (“Higuera” or “Petitioner”), a state

prisoner proceeding pro se. ECF No. 1. In his Petition, Higuera challenges his San Diego Superior Court conviction and sentence for transporting a controlled substance for sale in case number SCE423445. See id. at 1.1 The Court has reviewed the Petition (ECF No. 1), the Answer and Memorandum of Points and Authorities in Support of the Answer (ECF

27 Page numbers for the Petition, Answer, Memorandum of Points and Authorities in Support of 28 Nos. 6, 6-1), the lodgments (ECF No. 7), Petitioner’s Traverse (ECF No. 8),…