Fisher

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRANDEN M. GAGNON, No. 2:19-cv-0305 CKD P Petitioner, v. ORDER R. FISHER, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1) and the parties have consented to have all matters in this action before a United States Magistrate Judge. See 28 U.S.C. § 636(c). On May 27, 2016, petitioner was convicted in Shasta County of two counts of corporal injury to spouse, assault with a deadly weapon, kidnapping, false imprisonment by violence and threats resulting in great bodily injury. ECF No. 10-2 at 283. Petitioner was sentenced to 11 years imprisonment. Id. Petitioner now presents two claims. First, petitioner asserts that his conviction for kidnapping must be vacated based upon the trial court’s failure to instruct jurors, sua…