Frauenheim

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVIN JEREMY RODRIGUEZ, Case No. 1:19-cv-01388-DAD-HBK Rodriguez, FINDINGS AND RECOMMENDATIONS TO

DENY PETITION FOR WRIT OF HABEAS

v. CORPUS1 SCOTT FRAUENHEIM, 14-DAY OBJECTION PERIOD Respondent. (Doc. No. 1) 16 Petitioner Davin Jeremy Rodriguez (“Petitioner” or “Rodriguez”) a state prisoner has pending a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1, “Petition”). The Petition raises two grounds for relief: (1) the trial court error erred when it permitted the admission of his statements made to police for impeachment purposes when the statements had been obtained in violation of Miranda2; and (2) the trial court erred when it failed to sua sponte instruct the jury on a lesser included offense of involuntary manslaughter. (Id. at 2). Respondent requests the Court to deny both grounds on the merits. (See generally Doc. No. 10). For the reasons set forth below, the…