Cates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 STEPFON JONES, Case No. 1:22-cv-0839 JLT HBK (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

v. PETITION FOR WRIT OF HABEAS

CORPUS, DIRECTING THE CLERK OF

B. CATES, Warden, COURT TO CLOSE THE CASE, AND

DECLINING TO ISSUE CERTIFICATE OF

Respondent. APPEALABILITY 16 Stepfon Jones is a state prisoner proceeding pro se on his Second Amended Petition for Writ of Habeas Corpus filed under 28 U. S.C. § 2254, asserting errors related to the use of the model jury instruction CalCrim 200. (See generally Doc. 11.) Respondent asserted the petition fails on its merits and requested the Court deny the petition. (Doc. 20.) The magistrate judge observed that “the California Supreme Court denied the State Petition citing to In re Robbins, 18 Cal.4th 770, 780 (1998), and In re Dixon, 41 Cal.2d 756, 759 (1953).” (Doc. 21 at 2, citing Doc. 19-3 at 395.) The magistrate judge noted:

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