Neuschmid

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WAYDE HOLLIS HARRIS, No. 2:19-CV-1780-KJM-DMC-P Petitioner, v. FINDINGS AND RECOMMENDATIONS ROBERT NEUSCHMID, 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. Pending before the Court is respondent’s motion to dismiss (ECF No. 11). 20 I. BACKGROUND A. State Court Proceedings Petitioner Wayde Hollis Harris was convicted in San Joaquin County Superior Court of inflicting corporal injury on a cohabitant, assault with a firearm, false imprisonment by violence, ex-felon in possession of a firearm, possession of a firearm after being convicted of inflicting corporal injury on a cohabitant, failure to appear on a felony charge after release on bail, and two counts of criminal threats. See ECF No. 13, Lod. Doc. 1. On October 24, 2008, petitioner was sentenced to a determinate state…