Ndoh

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEREMY JEROME MCLAUGHLIN, No. 2:19-cv-0141 DAD AC P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 ROSEMARY NDOH, 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 petition which 19 challenges petitioner’s 2013 conviction for kidnapping, assault with a deadly weapon, rape, and 20 oral copulation by force. ECF No. 1. Respondent has answered (ECF No. 10) and petitioner has 21 filed a traverse (ECF No. 12). 22 BACKGROUND 23 I. Proceedings in the Trial Court 24 A. Preliminary Proceedings 25 Petitioner was charged in Sacramento County Superior Court with kidnapping for the 26 purpose of committing rape and oral copulation (Count One, Cal. Penal Code § 209(b)(1)); 27 assault with a deadly weapon (Count Two, Cal. Penal Code § 245(a)(1)); rape (Count Three, Cal. 28 Penal Code, §…