Gastelo

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PHILLIP R. HERNANDEZ, No. 2:19-cv-2414 KJM DB P Petitioner, v. FINDINGS AND RECOMMENDATIONS JOSIE GASTELO, Warden, Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner is serving a term of twenty-six years to life following his 2015 conviction for first degree murder. In the pending petition, petitioner raises three grounds for relief: (1) the trial court violated his constitutional right to an impartial jury; (2) trial court erred in concluding that petitioner did not invoke his Miranda1 rights during an interview with a detective; and (3) cumulative error. (ECF No. 3.) Respondent moves to dismiss the petition because petitioner did not present his third claim (cumulative error) to the California Supreme Court. (ECF No. 15.) Petitioner did not file an opposition to respondent’s motion, but he did file a…