Pfeiffer

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SPENCER EARL ROGERS, ) Case No.: 1:20-cv-0142 JLT HBK (HC) ) Petitioner, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS, DENYING FIRST v. ) AMENDED PETITION FOR WRIT OF HABEAS ) CORPUS, DIRECTING CLERK OF COURT TO CHRISTIAN PFEIFFER, ) CLOSE CASE, AND DECLINING TO ISSUE ) CERTIFICATE OF APPEALABILITY Respondent. ) ) (Docs. 14, 32) ) Spencer Earl Rogers is a state prisoner proceeding on a first amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, raising two grounds for relief: (1) evidence by the prosecution’s gang expert was hearsay, and trial counsel’s failure to object to inadmissible evidence, violated Petitioner’s Fourteenth and Sixth Amendment rights to confrontation and effective assistance of counsel; and (2) California Penal Code § 3051, which make offenders under the age of 25 who were sentenced to life without parole ineligible for youth offender parole 23 …