Neuschmid

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALEX BRUNO, No. 2:19-cv-00934 DAD AC 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 R. NEUSCHMID, Warden, 15 Respondent. 16 17 Petitioner is a California state prisoner proceeding pro se with an application for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. The action proceeds on a petition which challenges 19 petitioner’s 2015 conviction for two counts of attempted murder. ECF No. 1. All four claims 20 allege the ineffective assistance of appellate counsel. Respondent has answered, ECF No. 12, and 21 petitioner has filed a traverse, ECF No. 18. 22 BACKGROUND 23 I. Proceedings in the Trial Court 24 A. Preliminary Proceedings 25 By an information filed in Sacramento County Superior Court on March 15, 2013, 26 petitioner was charged with two separate counts of attempted murder (Cal. Penal Code §§ 664 & 27 187(a)) both occurring on September 21. As to each count it was further alleged that…