Sherman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT AVILA, JR., No. 1:18-cv-01073-NONE-JDP Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DENY

v. PETITION STUART SHERMAN, (Doc. No. 13) Respondent. 16 Petitioner Robert Avila, Jr., a state prisoner, brought the instant habeas petition pro se under 28 U.S.C. § 2254 to challenge his state conviction for lewd or lascivious and sexual penetration upon a minor. (Doc. No. 1 at 37.) Similar habeas petitions were filed by petitioner with the California Court of Appeal and the California Supreme Court—both were denied. (Id. at 3, 36-37, 62.) As was the case with his habeas petitions filed in state court, the instant federal petition also raises the same three grounds for relief. (Id. at 6, 8-9, 36-37.) First, petitioner claims his due process rights were violated when the jury at his trial in state court was instructed that they may decide whether to draw propensity from evidence of…