(HC) Hernandez v. Gastelo

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PHILLIP R. HERNANDEZ, No. 2:19-cv-2414 KJM DB P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 JOSIE GASTELO, Warden, 15 Respondent. 16 17 Petitioner is a state prisoner proceeding pro se and in forma pauperis with this petition for 18 a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner is serving a term of twenty-six 19 years to life following his 2015 conviction for first degree murder. In the pending petition, 20 petitioner raises three grounds for relief: (1) the trial court…