Linda Lizett Castellano v. Kathleen Allison

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 LINDA LIZETT CASTELLANO, Case No. 2:22-cv-01914-SPG (JC)

Petitioner, ORDER ACCEPTING FINDINGS AND v. RECOMMENDATIONS OF UNITED

STATES MAGISTRATE JUDGE

KATHLEEN ALLISON, Respondent. 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed Petitioner Linda Lizett Castellano’s (“Petitioner”) Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254, (ECF No. 1 (“Petition”)), and the record in this case, including the August 26, 2024, Report and Recommendation of the United States Magistrate Judge, (ECF No. 17 (“Report” or “R. & R.”)). The Court has engaged in a de novo review of those portions of the Report to which objections have been made. The Petition raises two grounds for relief. First, Petitioner contends that the California state trial court erred in failing to sua sponte instruct the jury on a lesser included offense. (Pet. at 5). Second, Petitioner seeks relief on the ground…