(HC) Torres v. Lozano

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ENRIQUE TORRES, No. 2:18-cv-3136 MCE KJN P 12 Petitioner, 13 v. FINDINGS & RECOMMENDATIONS 14 PAUL LOZANO, 15 Respondent. 16 17 I. Introduction 18 Petitioner is a state prisoner, proceeding without counsel, with an application for a writ of 19 habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2015 conviction for first 20 degree burglary. Petitioner claims his due process rights were violated by a jury instruction that 21 permitted the jury to consider the witness’ level of certainty…