(HC) Rogers v. Montgomery

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEANDRE MARQUIS ROGERS, No. 2:20-cv-02421-DAD-AC Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

WARREN L. MONTGOMERY, PETITION Respondent. (Doc. No. 21) 16 17 Petitioner DeAndre Marquis Rogers, a state prisoner proceeding through counsel, filed an application for a writ of habeas corpus pursuant to 29 U.S.C. § 2254. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 9, 2024, the assigned magistrate judge issued findings and recommendations recommending that petitioner’s federal habeas petition be dismissed because the state court’s denial of petitioner’s claims was not objectively unreasonable within the meaning of 28 U.S.C. § 2254(d). (Doc. No. 21 at 14.) Specifically, the magistrate judge concluded that the evidence cited by the state court, construed in the light most favorable to the verdict,…