(HC) Odom v. De La Cruz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RYAN BIGOSKI ODOM, No. 2:17-cv-0233 JAM AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS D.G. ADAMS, Warden, Respondent. 16 Petitioner is a 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 filed on January 2, 2019,1 which challenges petitioner’s 2013 conviction for torture and first-degree murder, with special circumstances of kidnapping with intent to kill and intentional murder involving the infliction of torture. ECF No. 25-1 at 1; ECF No. 27-1 at 9. I. Factual and Procedural Background A. Direct Review Petitioner appealed her conviction to the California Court of Appeal, First Appellate

26 Because petitioner is a prisoner proceeding pro se, she is entitled to the benefit of the prison mailbox rule. See Houston v. Lack, 487 U.S. 266 (1988) (establishing rule that a prisoner’s court 27 …