Hatton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY SPALDING, No. 1:18-cv-01246-DAD-JDP (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DENYING

v. PETITION FOR WRIT OF HABEAS

CORPUS, DIRECTING CLERK OF COURT

WARDEN HATTON, TO CLOSE CASE, AND DECLINING TO

ISSUE CERTIFICATE OF APPEALABILITY

Respondent. (Doc. No. 18)

17 Petitioner Anthony Spalding is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter was referred to the assigned magistrate judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 and 304. On March 16, 2020, the magistrate judge issued findings and recommendations recommending that the court deny the pending petition for federal habeas relief with respect to petitioner’s sole claim that the state trial court erred in failing to give the jury at his trial a lesser included offense instruction. (Doc. No. 18.) The…