Santoro

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MATTHEW COPELAND MILLER, No. 2:19-cv-1117 WBS DB P Petitioner, v. FINDINGS AND RECOMMENDATIONS JEFF LYNCH,1 Respondent.

17 Petitioner is a state prisoner proceeding pro se and in forma pauperis in this civil rights 18 action pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2014 conviction in the San Joaquin 19 County Superior Court for kidnapping for robbery, attempted second degree robbery, being a 20 felon in possession of a firearm, making criminal threats, unlawfully possessing ammunition, and 21 knowingly and maliciously attempting to dissuade a victim by force or threat. Petitioner seeks 22 relief here on the following grounds: (1) insufficiency of evidence that petitioner attempted to 23 dissuade a victim, (2) instructional error, (3) sentencing error, (4) a warrantless search violated 24 the Fourth Amendment, and (5) cumulative error. 25

Jeff Lynch, current warden of the California State Prison – Sacramento where petitioner is presently…