NUH NHUOC LOI v. Scribner

ORDER: (1) ADOPTING IN PART AND DECLINING TO ADOPT IN PART THE FINDINGS AND CONCLUSIONS OF UNITED STATES MAGISTRATE JUDGE [Doc. No. 7]; (2) GRANTING IN PART AND DENYING IN PART PETITION FOR A WRIT OF HABEAS CORPUS; (3) ISSUING A CONDITIONAL WRIT OF HABEAS CORPUS; and, (4) ISSUING A CERTIFICATE OF APPEALABILITY

BARRY TED MOSKOWITZ, District Judge.

Petitioner is a California prisoner proceeding pro se with a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (Doc. No. 1.) Petitioner is challenging his San Diego County Superior Court convictions of sexual battery by restraint…