(HC) Cross v. Kings County Sheriff

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JEROME LEE CROSS, Case No. 1:23-cv-01246 JLT SAB (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DENYING

13 v. PETITION FOR WRIT OF HABEAS

CORPUS, DIRECTING CLERK OF COURT

14 KINGS COUNTY SHERIFF, TO CLOSE CASE, AND DECLINING TO

ISSUE CERTIFICATE OF APPEALABILITY

15 Respondent. (Doc. 12) 16 17 Jerome Lee Cross is proceeding pro se with a petition for writ of habeas corpus brought 18 pursuant to 28 U.S.C. § 2254, on two claims for relief: (1) insufficiency of evidence to convict 19 him and (2) a jury instruction error. (Doc. 1.) 20 The magistrate judge found Petitioner was not entitled to habeas relief on his first claim, 21 because the “state court’s decision denying Petitioner’s sufficiency of evidence claim was not 22 contrary to, or an unreasonable application of, clearly established federal law.” (Doc. 12 at 14.) 23 In addition, the magistrate judge found the state court’s decision was not “so lacking in 24 …