Spearman

(HC) West v. Spearman

Good Law
United States District Court, Eastern District of CaliforniaFebruary 18, 20212:17-cv-02076California5,650 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIE CLYDE WEST, No. 2:17-CV-2076-JAM-DMC-P Petitioner, v. FINDINGS AND RECOMMENDATIONS SPEARMAN, 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 are Petitioner’s petition for a writ of habeas corpus, ECF No. 1, Respondent’s answer, ECF No. 14, and Petitioner’s traverse, ECF No. 19. / / / / / / / / / / / / / / / / / / / / / / / / I. BACKGROUND A. Facts1 The state court recited the following facts, and petitioner has not offered any clear and convincing evidence to rebut the presumption that these facts are correct: In March 2014, defendant and the victim, D.S., were living together in Sacramento. The victim described the relationship as “friends with benefits.” In December 2014, the victim, a friend…

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