Hill

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH D. SPILLERS, No. 2:19-cv-567-TLN-EFB P Petitioner, v. FINDINGS AND RECOMMENDATIONS RICK HILL, Warden of Folsom State Prison,1 15 Respondent.

17 Petitioner is a state prisoner who, proceeding without counsel, seeks a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. He filed his petition on April 3, 2019 and, therein, raises 19 four claims. Two are listed together and, thus, are numbered 1(a) and 1(b). Thus, the four claims 20 are: (1)(a) there was insufficient evidence for the conviction of carjacking; (1)(b) petitioner was 21 sentenced on facts not proven to a jury in violation of the Supreme Court’s decision in 22 Cunningham v. California, 549 U.S. 270 (2007); (2) the Court of Appeal’s decision to uphold 23 carjacking conviction based on an accuser’s testimony violated due process; and (3) the appellate 24 court failed to consider a lesser included offense. ECF No. 1 at 3. The court directed respondent 25 to submit an answer or a motion in response to the…