(HC) Odom v. De La Cruz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RYAN BIGOSKI ODOM, No. 2:17-cv-0233 TLN AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS ANISSA DE LA CRUZ, 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 first amended petition filed on January 2, 2019, which challenges petitioner’s 2013 conviction for torture and first- degree murder, with special circumstances of kidnapping with intent to kill and intentional murder involving the infliction of torture. ECF No. 25. After respondent’s motion to partially dismiss the petition was granted (ECF No. 36), respondent filed an answer (ECF No. 40) and petitioner filed a traverse (ECF No. 43). BACKGROUND I. Proceedings in the Trial Court A. Preliminary Proceedings Petitioner was charged in Solano County Superior Court with one count of murder (Cal.…