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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEVONTA MACDONALD, No. 2:22-cv-0742 TLN KJN P Petitioner, v. ORDER & JEFF LYNCH, FINDINGS & RECOMMENDATIONS Respondent. 16 I. Introduction Petitioner is a state prisoner, proceeding with counsel, with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his June 2018 conviction for attempted murder, conspiracy to commit murder, assault with a firearm, and possession of a firearm by a person previously convicted of a felony, with enhancements for personal infliction of great bodily injury and personal use of a firearm. Petitioner was sentenced to a determinate term of four years and an indeterminate term of 39 years to life in state prison. In his habeas petition, petitioner claims that the trial court erred in instructing the jury to consider the degree of certainty of eyewitness identification. After careful review of the record, this Court concludes that…