(HC) Messer v. Montgomery

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH RAY MESSER, No. 2:22-cv-01900-KJM-EFB (HC) Petitioner, v. FINDINGS AND RECOMMENDATIONS W.L. MONTGOMERY, Warden Respondent. 16 Petitioner is a state prisoner proceeding without counsel in this petition for a writ of habeas corpus. 28 U.S.C. § 2254. He challenges his convictions in the Superior Court of El Dorado County for making criminal threats and disobeying a court order, and the sentence he received. ECF No. 1. Petitioner alleges that there was insufficient evidence to support his conviction for making criminal threats, and that his Romero motion to strike a previous felony should have been granted. Id. at 4. He also alleges that the court’s order to pay restitution and fines violated due process. Id. at 5. For the reasons that follow, the petition must be denied. ///// ///// ///// ///// ///// I. Background

The facts, as relayed by the California Court of Appeal1, are:

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