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