Samuel

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIJIAK WIE WONG, No. 2:22-cv-01839-DAD-CKD-P Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DENYING

v. PETITION FOR HABEAS RELIEF D. SAMUEL, (Doc. Nos. 1, 16) Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In his petition for federal habeas relief, petitioner asserts that the trial court: (1) violated his constitutional right to due process by refusing to grant prosecutorial immunity to a witness petitioner wished to call in the defense case at trial–one Ki Kim who prosecutors had identified as an aider and abettor with respect to the crimes with which petitioner was charged; and (2) committed error in refusing to instruct the jury, as requested by petitioner’s counsel, that the defendant was not guilty if he acted without the required intent but instead accidentally. (Doc. No. 1 at 5–8.) The…