Foss

I. INTRODUCTION

24 In 2018, a jury in the Los Angeles County Superior Court convicted 25 Petitioner of two counts of criminal threats with the use of a deadly weapon and 26 1 Petitioner is currently incarcerated at the Salinas Valley State Prison in Soledad, 27 California. Matthew Atchley is the custodian at that prison and, accordingly, is 28 substituted as the Respondent herein. See Fed.R.Civ.P. 25(d). 1 two counts of assault with a deadly weapon, one of which involved the infliction of 2 great bodily injury. (1 Clerk’s Transcript (“CT”) at 191-96.) After Petitioner 3 admitted having a prior strike under California’s Three Strikes law, the trial court 4 sentenced him to 24 years and four months in prison. (3 Reporter’s Transcript 5 (“RT”) at 311-13; 1 CT at 244-48.) 6 Petitioner appealed to the California Court of Appeal, which affirmed the 7 judgment in a reasoned decision.2 (Lodg. Nos. 3-6.) Petitioner then filed a petition 8 for review in the California Supreme Court, which was denied summarily. (Lodg. 9 Nos. 7-8.) 10 On August 14, 2018, Petitioner’s first habeas corpus petition filed in the Los 11 Angeles County Superior Court was denied…