(HC)Caridad

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BENJAMIN TABAYOYONG CARIDAD, Case No. 2:21-cv-00704-WBS-JDP (HC) Petitioner, v. FINDINGS AND RECOMMENDATIONS CINDY BLACK, Respondent. 16 Petitioner Benjamin Tabayoyong Caridad seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. He argues that: (1) his waiver of a jury trial was involuntary, (2) there was insufficient evidence to support his involuntary commitment, and (3) his trial counsel was ineffective. Id. at 5. Respondent has answered the petition, ECF No. 22, and petitioner has declined to file a traverse. For the reasons stated below, I recommend that the petition be denied. I. Background Petitioner’s claims stem from a state court decision extending his involuntary commitment to the Department of State Hospitals. ECF No. 20-8 at 1. Petitioner was originally committed as a mentally disordered offender in 2006, as a condition of parole. ECF No. 20-6 at 9. In 2009, when his parole was set to…