Muniz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSHUA HERRERA, No. 2:17-cv-0030 TLN AC Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

MUNIZ, 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 the original petition, ECF No. 1, which challenges petitioner’s 2013 conviction for assault with a deadly weapon by a prisoner and possession of a deadly weapon by a prisoner. Respondent has answered, ECF No. 46, and petitioner has filed a traverse, ECF No. 50. BACKGROUND I. Proceedings in the Trial Court A. Preliminary Proceedings Petitioner was charged in Sacramento County with offenses arising from a fight among inmates at California State Prison, Sacramento. The case went to trial. //// //// B. The Evidence Presented at Trial The jury heard evidence of the…