(HC)Higgs
(HC)Higgs v. Cates
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MAURICE D. HIGGS, No. 2:21-CV-2415-KJM-DMC-P Petitioner,
FINDINGS AND RECOMMENDATIONS
v. B. CATES, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 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. 10, and Petitioner’s traverse, ECF No. 11. Respondent has lodged the state court record, ECF No. 9. / / / / / / / / / / / / / / / / / / / / / / / / 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 2012 and 2013, defendant was in his early 30's and X.M. (victim) was five to six years old. The victim's mother, S.H. (mother), was married to …