Hatton

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALBERTO FRANCISCO ORTEGA- No. 2:18-CV-2737-JAM-DMC-P

LARA,

12 Petitioner, FINDINGS AND RECOMMENDATIONS v.

S.HATTON,

15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court are Petitioner’s petition for a writ of habeas corpus, ECF No. 1, and Respondent’s answer, ECF No. 8. Petitioner has not filed a traverse. / / / / / / / / / / / / / / / / / / / / / I. BACKGROUND A. Facts1 The state court recited the following facts, and Petitioner has not offered any clear and convincing evidence to rebut the presumption that these facts are correct: The Burglary

Because defendants concede they were appropriately convicted of committing a burglary on the night of October 30, 2010, we dispense with a detailed recitation of the…