Biter

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

PABLO SALAS, Case No. 1:15-cv-00831-NONE-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DENY PETITIONER’S MOTION TO

v. AMEND

M.D. BITER, (ECF No. 56) Respondent.

16 Petitioner Pablo Salas is proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has moved to amend his petition to include a newly exhausted claim challenging the robbery-murder special circumstance. For the reasons stated herein, the undersigned recommends denying the motion to amend. I. FACTUAL BACKGROUND1 & PROCEDURAL HISTORY

On April 26, 2010, the victim, Amber Kelch, invited Casica over to her house by text message, noting her live-in boyfriend would be leaving for work that evening and would be gone for four days. Casica responded he was bringing his “homie” with him. During the evening hours, Casica and Salas arrived at the victim’s home in Bakersfield. The victim’s…