Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BENJAMIN THOMAS TREMPER, Case No. 2:21-cv-01456-KJM-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT THE PETITION FOR WRIT OF

v. HABEAS CORPUS BE DENIED PATRICK COVELLO, OBJECTIONS DUE IN FOURTEEN DAYS Respondent. ECF No. 1 16 Petitioner Benjamin Thomas Tremper, a state prisoner proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. Petitioner advances one claim: that the trial court erred when it instructed the jury on adoptive admissions. Id. For the reasons stated below, I recommend that his claim be denied. Background In the early hours of November 15, 2016, Charles G., who was 88 years old and living alone in a retirement community, noticed that the blinds to his sliding glass door were askew. ECF No. 11-8 at 62-63, 66, 90. He went to investigate and found petitioner inside his apartment. Id. at 80. Petitioner…