Pfeiffer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEE WALTER MITCHELL, Case No. 1:18-cv-01645-AWI-JDP Petitioner, FINDINGS AND RECOMMENDATIONS TO

DENY PETITION FOR A WRIT OF HABEAS

v. CORPUS AND TO DECLINE TO ISSUE A

CERTIFICATE OF APPEALABILITY

CHRISTIAN PFEIFFER,

OBJECTIONS DUE WITHIN 30 DAYS

Respondent. ECF No. 1 16 Petitioner Dee Walter Mitchell, a state prisoner without counsel, petitions for a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. He claims that: (1) his due process rights were violated when the trial court admitted unreliable and coerced witness testimony, and (2) his Sixth Amendment right to counsel was violated because his attorney did not move to exclude the same testimony. Id. at 7. The California Court of Appeal rejected his claims on the merits in a

22 1 In his reply, petitioner also claims that the trial court erred in denying his motion for a new trial. ECF No. 25. Although petitioner exhausted this claim at the state level, he did…