Macomber

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARCUS SCOTT, No. 2:15-cv-1292 KJM AC P Petitioner, v. SUPPLEMENTAL FINDINGS AND

RECOMMENDATIONS

JEFF MACOMBER, Respondent. 16 Petitioner is a California state prisoner seeking habeas relief under 28 U.S.C. § 2254. On review of the previously issued Findings and Recommendations, ECF No. 23, the assigned district judge referred this case back to the undersigned for further consideration of the Batson issue. ECF No. 27. Having reviewed the pertinent legal authority and the state court record in this case, the undersigned resubmits the initial Findings and Recommendations as supplemented herein. I. Procedural Posture The facts of petitioner’s underlying criminal case and direct appeal, and the facts related to his habeas claims, have been set forth in the previously issued Findings and Recommendations on the merits of the petition, and need not be repeated here. The undersigned recommended denial of…