Robertson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE LUIS MUNGUIA, Case No. 1:18-cv-00742-NONE-JDP Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS THE

v. PETITION JIM ROBERTSON, (Doc. No. 12) Respondent. 16 17 Petitioner Jose Luis Munguia, a state prisoner proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1.) Petitioner’s sole claim in his habeas petition is that the state trial court erred when it reopened voir dire after the prosecutor apparently confused the names of two potential jurors and mistakenly exercised a peremptory challenge to strike the wrong one (Doc. No. 1 at 4). See People v. Munguia, No. F069834, 2017 WL 360607, at *1 (Cal. Ct. App. Jan. 25, 2017). Before the jury was sworn in, the prosecution requested an opportunity to address the mistake. Id. The trial court held a hearing on that request before granting it and allowing the prosecution to reopen voir dire and to…