Fox

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN HENRY MITCHELL, III, No. 2:18-cv-0985 WBS AC Petitioner, v. FINDINGS AND RECOMMENDATIONS ROBERT FOX, Warden, Respondent. 16 Petitioner is a California state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The action proceeds on a petition challenging petitioner’s 2015 San Joaquin County conviction for assault with a firearm, criminal threats, and misdemeanor resisting arrest. ECF No. 1. Respondent has answered. ECF No. 18. Petitioner did not file a traverse, and the time for doing so has long passed. BACKGROUND I. Proceedings In the Trial Court A. Preliminary Proceedings An amended information charged petitioner with assault with a firearm (Pen. Code, § 245, subd. (a)(2)—count 1), criminal threats (Pen. Code, § 422—count 2), misdemeanor resisting arrest (Pen. Code, § 148, subd. (a)(1)—count 3), and assault with a…