Callahan

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN JOSHUA CRISTOBAL, No. 2:17-CV-0190-DMC-P Petitioner, v. MEMORANDUM OPINION AND ORDER CHARLES W. CALLAHAN, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pursuant to the written consent of all parties (ECF No. 14 and 3), this case is before the undersigned as the presiding judge for all purposes, including entry of final judgment. See 28 U.S.C. § 636(c). Pending before the court are Petitioner’s writ of habeas corpus (ECF No. 1) and Respondent’s answer (ECF No. 17). Petitioner did not file a traverse. / / / / / / / / / / / / / / / / / / I. BACKGROUND A. Facts1 The California Court of Appeal, Third District, recited the following facts, and Petitioner has not offered any clear and convincing evidence to rebut the presumption that these facts are correct: …