Cates

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELOY JOVEN, No. 1:22-cv-00168-ADA-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION

TO DENY PETITION FOR WRIT OF

v. HABEAS CORPUS BRIAN CATES, Warden, [THIRTY DAY OBJECTION DEADLINE] Respondent. 16 Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He is represented in this action by Paul Stubb, Jr., Esq. He is currently in state prison serving a sentence of 110 years-to-life plus twelve years pursuant to a judgment of the Tulare County Superior Court. The habeas petition presents five claims challenging the conviction. As discussed below, the Court finds the claims to be without merit and recommends the petition be DENIED. I. PROCEDURAL HISTORY On August 30, 2018, a Tulare County jury found Petitioner guilty of two counts of sexual intercourse/sodomy with a child under ten (Cal. Penal Code § 288.7(a)), four counts of oral 26 …