Foss

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEROME SMITH, No. 1:21-cv-1395 DAD AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS TAMMY FOSS, Respondent. 16 Petitioner is a state prisoner proceeding without a lawyer in this habeas corpus action filed pursuant to 28 U.S.C. § 2254. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). Currently pending before the court is respondent’s unopposed motion to dismiss claims three, four, and five of the second amended § 2254 petition. I. Factual and Procedural History On August 12, 2021, petitioner filed his original habeas corpus application challenging his conviction for first-degree murder, arson, and felon in possession of a firearm following his jury trial in the Stanislaus County Superior Court. ECF No. 1. In claim one, petitioner asserted that the evidence was insufficient to support his conviction based on a felony murder theory. In claim two,…