Castro

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN HARDNEY, Case No. 2:21-CV-01040-TLN-DMC Petitioner, v. FINDINGS AND RECOMMENDATIONS R.CASTRO, 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 motion to dismiss, ECF No. 12, and Petitioner’s traverse, ECF No. 13. I. BACKGROUND A. Facts The state trial court recited the following facts, and Petitioner has not offered any clear and convincing evidence to rebut the presumption that these facts are correct: Petitioner is currently incarcerated at the California Men’s Colony in San Luis Obispo County. In 1986 petitioner was convicted of three counts of rape with the use of force or fear (former Pen. Code § 261.2), one count of sexual battery (§ 243.4), one…