Robertson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PETER PALMERO, No. 1:20-cv-00413-NONE-SKO (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS (1) TO DENY

v. MOTION TO STAY AND (2) TO DISMISS

PETITION IN PART

JIM ROBERTSON, Warden, (Doc. Nos. 1, 3, 14, 19) Respondent. 16 Petitioner Peter Palmero, a state prison, has petitioned the court for a writ of habeas corpus under 28 U.S.C. § 2254, challenging his 2017 conviction for possessing a sharp instrument in a penal institution. His petition is based on claims that (1) the evidence at trial was insufficient to establish the elements of the offense of conviction, (2) he was not provided effective assistance by his trial counsel and (3) he was not provided effective assistance by his appellate counsel. (Doc. No. 1 at 16, 20, 27.) Petitioner has conceded that he has failed to exhaust state remedies as to his second and third claims alleging ineffective assistance of counsel, but has brought duplicative…