(HC) Odom v. De La Cruz

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RYAN BIGOSKI ODOM, No. 2:17-cv-0233 TLN AC P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 ANISSA DE LA CRUZ, 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 the first amended petition 19 filed on January 2, 2019, which challenges petitioner’s 2013 conviction for torture and first- 20 degree murder, with special circumstances of kidnapping with intent to kill and intentional 21 murder involving the infliction of torture. ECF No. 25. After respondent’s motion to partially 22 dismiss the petition was granted (ECF No. 36), respondent filed an answer (ECF No. 40) and 23 petitioner filed a traverse (ECF No. 43). 24 BACKGROUND 25 I. Proceedings in the Trial Court 26 A. Preliminary Proceedings 27 Petitioner was charged in Solano County Superior Court with one count of murder (Cal.…