Allison

Eric Hernandez v. Kathleen Allison

Good Law
United States District Court, Eastern District of CaliforniaJanuary 8, 20262:22-cv-02274California3,865 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERIC HERNANDEZ, No. 2:22-cv-2274-TLN-SCR Petitioner, v. FINDINGS AND RECOMMENDATIONS KATHLEEN ALLISON, Respondent. 16 Petitioner is an incarcerated individual proceeding through counsel in this habeas corpus action filed pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2019 conviction for criminal threats, injuring a former cohabitant, driving or taking a vehicle without consent, and two misdemeanor counts of vandalism. Upon consideration of the record and the applicable law, the undersigned recommends denying petitioner’s habeas corpus application on the merits. I. Factual and Procedural History On November 28, 2018, a criminal complaint filed in Amador County Superior Court initially charged petitioner with three separate felonies and two misdemeanors. ECF No. 8-3 at 12-15. Following a preliminary hearing, a criminal information filed on December 20, 2018 charged him with five felonies and…

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