Pfeiffer

INTRODUCTION

14 This is a federal habeas corpus action filed by a state prisoner pursuant to 28 U.S.C. 2245.1 15 The operative petition in this action is the amended petition. Respondent was ordered to show 16 cause why the amended petition should not be granted. Respondent filed an answer denying 17 petitioner’s claims. Petitioner filed a traverse in which he seems to raise new claims. Respondent 18 has filed a response to the traverse and a motion to dismiss. Petitioner has filed an opposition to 19 the motion to dismiss in which he claims he did not mean to raise new claims. The motion to 20 dismiss will be DENIED as unnecessary and is addressed further below. For the reasons stated 21 below, the amended petition is DENIED.

STATEMENT

A. PROCEDURAL BACKGROUND

24 In 2016, following a bench trial, the Monterey County Superior Court convicted petitioner 25 of two counts of assault by means likely to produce great bodily injury, false imprisonment by 26 27 violence, criminal threats, dissuading a witness by force, unlawful taking of a vehicle, and two counts of vandalism under $400. The court further found that petitioner had a prior strike …