Gastelo

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PHILLIP R. HERNANDEZ, No. 2:19-cv-2414 KJM DB P Petitioner, v. FINDINGS AND RECOMMENDATIONS JOSIE GASTELO, Warden, Respondent.

17 Petitioner, a state prisoner, proceeds pro se with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. (ECF No. 3.) Petitioner challenges his 2015 conviction for first degree murder. As filed, the petition asserted three grounds for relief, but petitioner has voluntarily dismissed the unexhausted third ground for relief, asserting cumulative error. (See ECF Nos. 19- 21.) Petitioner now proceeds with grounds one and two of the petition, claiming (1) the trial court violated his constitutional right to an impartial jury; and (2) the trial court erred in concluding he did not invoke his Miranda1 rights during an interview with a detective and in concluding that his statements to the detective were voluntary. For the reasons set forth below, the petition should be denied.

1 Miranda…