Cates

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONELL THOMAS HAYNIE, No. 2:19-cv-01967 KJM AC P Petitioner, v. ORDER BRIAN CATES, Warden, Respondent. 16 Donell Thomas Haynie, a California state prisoner proceeding pro se, filed his original petition for a writ of habeas corpus in this case in 2019. See Pet., ECF No. 1; First Am. Pet., ECF No. 18. He asserted a single claim under the Sixth Amendment: he contended he had been wrongfully deprived of a jury trial when the state court, rather than a jury, decided he had previously been convicted of a burglary; that prior conviction increased the length of his sentence. See First Am. Pet. at 6. The matter was referred to a United States Magistrate Judge, as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. The Magistrate Judge recommended denying the petition for three reasons: (1) petitioner had affirmatively waived his right to a jury trial on the prior convictions in open court; (2) the trial court did not find any…