Gastelo

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WESLEY PANIGHETTI, No. 2:18-cv-2015 KJM AC P Petitioner, v. ORDER AND FINDINGS &

RECOMMENDATIONS

J. GASTELO, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Currently pending before the court is respondent’s motion to dismiss the petition. ECF No. 17. I. Factual and Procedural Background On February 26, 2015, a jury convicted petitioner of assault with force likely to produce great bodily injury (Count 1) and assault with a deadly weapon (Count 2) in Sacramento County Superior Court case number 14F07183. ECF No. 11 at 5; ECF No. 12-1 (Lod. Doc. 1) at 10; ECF 18-2 (Lod. Doc. 2) at 1. An enhancement allegation that petitioner personally used a deadly or dangerous weapon was found true, as was an allegation that he had a prior conviction for a serious felony. Lod. Doc. 1 at 1; Lod. Doc. 2 at 5. The sentence on Count…