Swarthout

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RONALD JOSEPH PEREIRA, No. 2:14-cv-00530-KJM-AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS GARY SWARTHOUT, WARDEN, Respondent. 16 Petitioner is a California state prisoner proceeding pro se with an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The action proceeds on ground four of the first amended petition filed on November 30, 2015, ECF No. 24, which challenges petitioner’s 2012 conviction and sentence for robbery, attempted carjacking, being a felon in possession of a firearm, and resisting an officer. See also ECF No. 40 (order dismissing grounds 1–3 and 5–8 as unexhausted). Respondent filed an answer, ECF No. 41, and petitioner did not file a traverse. BACKGROUND I. Proceedings in the Trial Court A. Preliminary Proceedings Petitioner was charged with second degree robbery, attempted carjacking, being a felon in //// //// possession of a…