Benavidez

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES JOSEPH PULIZZANO, No. 2:21-cv-0503 WBS CKD P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 JENNIFER BENAVIDEZ,1 15 Respondent. 16 17 Petitioner is a California prisoner proceeding pro se with an application for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner stands convicted of several offenses 19 committed in Tehama County including attempted murder. He is serving a sentence of 22 years 20 imprisonment. 21 Petitioner presents three claims for relief in his February 10, 2022, amended petition: 1) 22 the trial court should have instructed jurors that instead of finding petitioner guilty of attempted 23 murder as charged in count 2, the jury could have found petitioner guilty of the lesser included 24 offense of attempted voluntary manslaughter; 2) the trial court was biased; and 3) ineffective 25 assistance of trial counsel. 26 ////// 27 1 Ms. Benavidez is the warden at petitioner’s current place of incarceration. Accordingly,…