Diaz

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES L. DEKALB, No. 2:20-CV-1818-KJM-DMC-P Petitioner,

FINDINGS AND RECOMMENDATIONS

v. RALPH DIAZ, Respondent. 16 Petitioner, a state prisoner proceeding with appointed counsel, 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, Respondent’s answer to show cause, Petitioner’s traverse, and Respondent’s reply. ECF Nos. 1, 12, 22, 23. Respondent has lodged the state court record. ECF No. 12-3 to 12-12. In the habeas petition, Petitioner asserts five claims: (1) conviction was obtained using evidence from an unconstitutional search and seizure; (2) insufficient evidence of the required mental states to support his convictions; (3) jury instruction error; (4) improper admission of prior burglary and theft evidence; and (5) cumulative error at trial deprived him of his due process rights. ECF No. 1. Having reviewed…