(HC) Myles v. Montgomery

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ORLINDO ANTONIO MYLES, No. 2:15-cv-00591 TLN GGH Petitioner, v. FINDINGS AND RECOMMENDATIONS W.L. MONTGOMERY, Respondent. 16 17 Introduction and Summary Petitioner, a state prisoner proceeding through counsel, has filed an application for a 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). After a lengthy exhaustion, and ultimately unproductive, hiatus, petitioner filed a Second Amended Petition (“SAC”). ECF No. 38. This is one of the few cases where understanding what are the precise issues in the case could be more difficult than their resolution. No one contests that petitioner’s claim that the jury was erroneously instructed with an accomplice instruction is an issue in this petition. The controversy surrounding identification of the issues concerns the ineffective assistance of counsel claim:…