Fisher

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JEROME DRISCOLL, Case No. 1:20-cv-00602-DAD-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION

RECOMMENDING DENIAL OF PETITION

v. FOR WRIT OF HABEAS CORPUS

R. FISHER, JR., Respondent.

16 Petitioner Jerome Driscoll is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In the petition, Petitioner asserts that trial and appellate counsel were ineffective, the state court abused its discretion by denying habeas relief on an actual innocence claim that was not asserted by Petitioner, and the state courts violated California Rule of Court 4.551(c) by failing to issue an order to show cause. For the reasons discussed herein, the undersigned recommends denial of the petition for writ of habeas corpus. I. BACKGROUND On June 10, 2015, Petitioner was convicted by a jury in the Madera County Superior Court of corporal injury to a cohabitant, false…