Neuschmid

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL L. MCKUIN, No. 2:19-cv-02153-DAD-DB (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DENYING

v. PETITION FOR HABEAS RELIEF ROBERT NEUSCHMID, (Doc. Nos. 1, 41) 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. Petitioner challenges his 2016 first degree murder conviction entered in the San Joaquin County Superior Court. In his petition for federal habeas relief, petitioner asserts the following claims: (1) ineffective assistance by his appellate counsel in failing to challenge the sufficiency of the evidence to support the conviction; (2) insufficient evidence to support his first degree murder conviction; and (3) ineffective assistance of both trial and appellate counsel in failing to challenge the admissibility of DNA expert testimony at his trial. (Doc. No. 1 at 5–8.) The matter was referred…