(HC) Bonilla v. On Habeas Corpus
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NEFTALI BONILLA, Case No. 1:18-cv-00687-NONE-JDP Petitioner, FINDINGS AND RECOMMENDATIONS TO
DENY PETITION FOR HABEAS CORPUS
v. AND TO DECLINE TO ISSUE A
CERTIFICATE OF APPEALABILITY
ON HABEAS CORPUS,
OBJECTIONS DUE WITHIN THIRTY DAYS
Respondent. ECF No. 1 16 Petitioner Neftali Bonilla, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. Petitioner claims that (1) his constitutional rights were violated by the Miranda warning given by the police investigator; (2) the trial court erred in admitting text messages written by petitioner;1 and (3) the trial court gave an erroneous jury instruction. Id. at 4-5. Respondent argues that petitioner’s first claim is procedurally barred and that his remaining claims are not cognizable, or, in the alternative, are meritless. See ECF No. 16 at 11-16. For the reasons stated below, we recommend that the court deny the petition. 24…