Cates

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONELL THOMAS HAYNIE, No. 2:19-cv-1967 KJM AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS BRIAN CATES, Warden, Respondent. 16 Petitioner is a California state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The action proceeds on the First Amended Petition, ECF No. 18, which challenges an indeterminate life sentence imposed in 2010 as having unconstitutionally relied on a finding by the court, rather than a finding by the jury, that that a prior conviction counted as a “strike” under California’s recidivist sentencing statute. Respondent has answered, ECF No. 27, and petitioner filed a traverse, ECF No. 30. Also pending before the court is petitioner’s motion to amend his § 2254 application to add a new claim for relief. BACKGROUND I. Proceedings in the Trial Court Petitioner was charged in Sacramento County with offenses…