Fox

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

MICHAEL R FOWLER, ) Case No.: 1:18-cv-01516-NONE-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATION TO ) DENY PETITION FOR WRIT OF HABEAS v. ) CORPUS ) WARDEN FOX, ) [THIRTY DAY OBJECTION DEADLINE] Respondent. ) ) )

Petitioner is currently serving a sentence of 25 years to life plus two five-year terms for prior serious felony enhancements for his conviction of assault with a deadly weapon and false imprisonment. He filed the instant habeas petition challenging the conviction. As discussed below, the Court finds the claims to be without merit and recommends the petition be DENIED. I. PROCEDURAL HISTORY On July 22, 2015, Petitioner was convicted at the conclusion of a jury trial of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1); count II and false imprisonment (id., § 236; count III). People v. Fowler, 2018 Cal. App. Unpub. LEXIS 2540, at *1 (Cal. App. 5th Dist. April…