Biter

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT LEE ELLIS, Case No. 1:17-cv-01443-DAD-JDP Petitioner, FINDINGS AND RECOMMENDATIONS

TO DENY PETITION FOR A WRIT OF

v. HABEAS CORPUS MARTIN BITER, OBJECTIONS DUE WITHIN FOURTEEN

DAYS

Respondent. ECF No. 1 16 Petitioner Robert Lee Ellis, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner claims constitutional violations arising from juror misconduct, flawed jury instructions, and cumulative error. Respondent argues that the petition is without merit because there was no violation of clearly established federal law. ECF No. 20 at 9. We recommend that the court deny the petition for the reasons stated below. I. Background Petitioner challenges his conviction and sentence arising from a shooting. ECF No. 1 at 11. The set of events leading to the shooting began with a parking lot argument between petitioner and one Sumnler Townsend. …