Jones

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER JONES, Case No.: 3:09-cv-1896 JM (MSB)

Petitioner,

ORDER (1) ADOPTING REPORT

v. AND RECOMMENDATION; (2) REJECTING RESPONDENT’S MATTHEW CATE,

OBJECTIONS; (3) GRANTING IN

Respondent. PART THE FIRST AMENDED

PETITION FOR WRIT OF HABEAS

CORPUS

17 Christopher Jones (“Petitioner”) is a state prisoner who originally filed a pro se Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254. (Doc. No. 1.) Following remand from the Ninth Circuit, a First Amended Petition for Writ of Habeas Corpus (“FAP”) was filed on January 16, 2016. (Doc. No. 141). The matter was referred to United States Magistrate Judge Michael S. Berg pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge Berg issued a Report and Recommendation (“R & R”) recommending the court grant the amended petition as to Claim One but deny 25 26 27 28 it with respect to the Second…