Rios
Rios v. Frauenheim
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 ULYSSES ALEXANDER RIOS, Case No. 15-1357-BLF (PR) Petitioner,
ORDER DENYING PETITION FOR
v. WRIT OF HABEAS CORPUS;
DENYING CERTIFICATE OF
RON GODWIN, Acting Warden, APPEALABILITY; INSTRUCTIONS
TO CLERK
Respondent.
Petitioner has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging his 2013 criminal judgment. The Second Amended Petition, filed on July 19, 2017, is the operative petition. Dkt. No. 34 (“Petition”). Respondent filed an answer on the merits. Dkt. No. 44 (“Answer”). Petitioner filed a traverse. Dkt. No. 55 (“Traverse”). For the reasons set forth below, the petition is DENIED. I. BACKGROUND Petitioner pleaded no contest to forcible rape (count one), simple kidnapping (count three), and assault with intent to commit rape (count five), on August 14, 2013. Ans., Ex. 1, Dkt. 44-3 at 142-43;2 see also…