Pfeiffer

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SPENCER EARL ROGERS, ) Case No.: 1:20-cv-0142 JLT HBK (HC) ) 12 Petitioner, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS, DENYING FIRST 13 v. ) AMENDED PETITION FOR WRIT OF HABEAS ) CORPUS, DIRECTING CLERK OF COURT TO 14 CHRISTIAN PFEIFFER, ) CLOSE CASE, AND DECLINING TO ISSUE ) CERTIFICATE OF APPEALABILITY 15 Respondent. ) ) (Docs. 14, 32) 16 ) 17 Spencer Earl Rogers is a state prisoner proceeding on a first amended petition for writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254, raising two grounds for relief: (1) evidence by the 19 prosecution’s gang expert was hearsay, and trial counsel’s failure to object to inadmissible 20 evidence, violated Petitioner’s Fourteenth and Sixth Amendment rights to confrontation and 21 effective assistance of counsel; and (2) California Penal Code § 3051, which make offenders 22 under the age of 25 who were sentenced to life without parole ineligible for youth offender parole 23 …