Hill

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONALD E. TINSLEY, No. 2:23-cv-01036-TLN-EFB (HC) Petitioner, v. FINDINGS AND RECOMMENDATION T. HILL, Warden, Respondent. 16 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. Petitioner was convicted in San Joaquin Superior Court of various counts, including first degree murder, felony murder, robbery, assault, and kidnapping, and sentenced to sixty-eight years to life in prison. ECF No. 1 at 1. Petitioner alleges that: 1) the summary denial of his re-sentencing petition without the appointment of counsel was in error; and 2) the summary denial of the petition without additional briefing was in error. For the reasons that follow, the petition must be denied. I. BACKGROUND The relevant facts, as relayed by the California Court of Appeal1, are:

1 The facts recited by the state appellate court are presumed to be correct where, as…