Neuschmid

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TALMADGE BATES, No. 2:19-cv-2182 AC P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

ROBERT NEUSCHMID, 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 a petition challenging petitioner’s 2017 conviction for battery on a spouse and criminal threats. Respondent has answered. ECF No. 14. Petitioner was granted an extension of time to file a traverse, ECF No. 19, but he never did so. BACKGROUND I. Proceedings in the Trial Court A. Preliminary Proceedings Petitioner was charged in Solano County with assault with a deadly weapon (count 1), injury to a spouse (count 2) and criminal threats (count 3), with enhancements for personal use of a deadly weapon and a prior strike. He pled not guilty, and the case went to trial. //// 1 …