Lizzaraga

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JIMMY DON SMITH, No. 2:18-CV-0064-KJM-DMC-P Petitioner, v. FINDINGS AND RECOMMENDATIONS JOE LIZZARAGA, 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. 22, and Petitioner’s traverse, ECF No. 24. / / / / / / / / / / / / / / / / / / / / / / / / 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:

Samantha Bumgardner testified she worked at the Alta Regional Center, which provided services for developmentally disabled people. For three years she had been the service coordinator…