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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELIJAH GOETHE, No. 2:18-cv-02297 DAD AC Petitioner, v. FINDINGS AND RECOMMENDATIONS STUART SHERMAN, Warden, Respondent. 16 Petitioner is a California state prisoner proceeding through counsel with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The action proceeds on the petition filed on August 22, 2018, ECF No. 1, which challenges petitioner’s 2013 conviction for first degree murder and related offenses. Respondent has answered, ECF No. 9, and petitioner has filed a traverse, ECF No. 19. BACKGROUND I. Proceedings In the Trial Court A. Preliminary Proceedings Petitioner was charged in Sacramento County with the murder of one victim and the attempted murder of another, two counts of discharging a firearm at an occupied motor vehicle, and various sentencing enhancements. The charges arose from the shooting of two men in a parked car by two men…