Neuschmid

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TALMADGE BATES, No. 2:19-cv-2182 AC P 12 Petitioner, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 ROBERT 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 challenging 19 petitioner’s 2017 conviction for battery on a spouse and criminal threats. Respondent has 20 answered. ECF No. 14. Petitioner was granted an extension of time to file a traverse, ECF No. 21 19, but he never did so. 22 BACKGROUND 23 I. Proceedings in the Trial Court 24 A. Preliminary Proceedings 25 Petitioner was charged in Solano County with assault with a deadly weapon (count 1), 26 injury to a spouse (count 2) and criminal threats (count 3), with enhancements for personal use of 27 a deadly weapon and a prior strike. He pled not guilty, and the case went to trial. 28 //// 1 …