Stroud

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 COLERIDGE B. STROUD, Case No.: 19-CV-924-JLS(WVG)

Petitioner,

REPORT AND RECOMMENDATION

v. ON PETITION FOR WRIT OF

HABEAS CORPUS

ROBERT NEUSCHMID, Warden, Respondent. 16 17 On May 26, 2019, Coleridge Stroud (“Petitioner”) filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 challenging his sentence under California’s “Three Strikes Law,” Cal. Pen. Code § 667, arguing that the trial court abused its discretion by denying his motion to strike his prior “strikes” under People v. Superior Court (Romero), 13 Cal. 4th 497 (1996). Respondent contends that there is no basis for habeas relief because Petitioner’s claim does not implicate his federal constitutional rights and fails to illustrate how state courts misapplied United States Supreme Court authority. For the reasons set forth below, the Court RECOMMENDS the Petition be DENIED. I. BACKGROUND …