Cates

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STEPFON JONES, Case No. 1:22-cv-0839 JLT HBK (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

13 v. PETITION FOR WRIT OF HABEAS

CORPUS, DIRECTING THE CLERK OF

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

DECLINING TO ISSUE CERTIFICATE OF

15 Respondent. APPEALABILITY 16 17 Stepfon Jones is a state prisoner proceeding pro se on his Second Amended Petition for 18 Writ of Habeas Corpus filed under 28 U. S.C. § 2254, asserting errors related to the use of the 19 model jury instruction CalCrim 200. (See generally Doc. 11.) Respondent asserted the petition 20 fails on its merits and requested the Court deny the petition. (Doc. 20.) 21 The magistrate judge observed that “the California Supreme Court denied the State 22 Petition citing to In re Robbins, 18 Cal.4th 770, 780 (1998), and In re Dixon, 41 Cal.2d 756, 759 23 (1953).” (Doc. 21 at 2, citing Doc. 19-3 at 395.) The magistrate judge noted:

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