(HC) Simms v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT SIMMS, Case No. 2:21-cv-00035-DJC-JDP (HC) Petitioner, v. FINDINGS AND RECOMMENDATIONS JEFF LYNCH, Respondent. 16 Petitioner Robert Simms seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. He was convicted of burglary and challenges a DNA analysis of his blood samples that led to his conviction. ECF No. 6 at 4. Respondent has filed an answer, ECF No. 25, and petitioner has filed a traverse, ECF No. 26. After reviewing of the pleadings, I recommend that the petition be denied. 22 23 24 25 26 27 28 1 Background I have reviewed the background summary drafted by the state appellate court on direct appeal. It is correct, and I reproduce it here: On December 9, 2015, G.Y. left her home in Chico in the morning, locking the front door behind her; the home was in an orderly condition. Later that day, Chico police received a report of a…