Gastello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VINCENT R. ROBINSON, No. 2:19-cv-00453 KJM GGH P Petitioner, v. FINDINGS AND RECOMMENDATIONS G. GASTELLO, Respondent. 16 17 Introduction and Summary Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302(c). Petitioner brings one claim of juror misconduct in this habeas petition. However, more to the point, petitioner posits a claim that the jury, or several jurors, almost committed misconduct. “Almost” is not good enough for a winning habeas petition. Accordingly, the undersigned finds no cognizable misconduct in the first instance, and even if there were, 26 1 In the petition, a claim of ineffective assistance of counsel was also raised. However, by Findings and Recommendations, ECF No. 11, adopted by Order, ECF No. 16, the ineffective…