Jones

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN DEWAYNE SMITH, No. 2:21-cv-02345-CKD (HC) Petitioner, v. ORDER GENA JONES,1 Respondent. 16 I. Introduction Petitioner is a state prisoner, proceeding without counsel, with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The parties have consented to this Court’s jurisdiction pursuant to 28 U.S.C. § 636(c) and Local Rule 302. Petitioner challenges his 2018 conviction for rape of an unconscious person and two counts of residential burglary. Petitioner was sentenced to 21 years and eight months in state prison. Petitioner claims that the trial court violated his right to due process by (1) instructing the jury to consider “certainty” of the eyewitness identification testimony and (2) admitting irrelevant and unduly prejudicial evidence. After careful review of the record, this Court denies his petition for habeas relief. 27 1 Gena Jones, acting Warden at California Health Care…