Martinez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 MARLIN JUAN PIERSON, No. 2:23-cv-00884-DJC-EFB (HC) Petitioner, v. FINDINGS AND RECOMMENDATIONS L.A. MARTINEZ, Warden, Respondent. 15 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. Petitioner was convicted in Shasta County Superior Court of residential burglary; he was sentenced under the “Three Strikes” law to a sentence of 25 years to life. Id. Petitioner now alleges that the prosecutor committed misconduct and that his counsel was ineffective. Id. He has also filed a motion for default judgment. ECF No. 13. For the reasons that follow, the petition for writ of habeas corpus and the motion for default judgment must both be denied. //// //// //// //// //// //// I. BACKGROUND The relevant facts, as relayed by the California Court of Appeal1, are:

Maria R. testified that, on the morning of the burglary, she…