Guthrie

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 11 IAN GUTHRIE, Case No.: 3:19-cv-1452-WQH-AHG

Petitioner, ORDER v. 14 KATHLEEN ALLISON, Secretary of the California Department of Corrections and Rehabilitation, Respondent. 18 HAYES, Judge: The matters before the Court are the Report and Recommendation issued by Magistrate Judge Allison H. Goddard (ECF No. 30) and the Reply (“Objection”) filed by Petitioner Ian Guthrie (ECF No. 33). I. BACKGROUND On May 19, 2016, a jury found Petitioner guilty of first-degree murder on a theory of either aiding and abetting or conspiracy in San Diego Superior Court.1 (ECF No. 1 at 1;

27 1 Petitioner was jointly tried for first-degree murder along with Dion Chambers, a/k/a Peter Johnson, on a 28 Lodgment (“Lodg.”) 14-45 at 42.) On August 12, 2016, Petitioner was sentenced to a term of 50 years to life plus an additional five years due to a serious prior felony enhancement. (Lodg. 14-45 at 14.) Petitioner appealed his…