Price

INTRODUCTION

21 After pleading guilty to burglary, resisting an officer, possessing drugs in jail and 22 corporal injury on a spouse, and admitting his prior convictions, Petitioner was sentenced 23 to 31 years imprisonment. Lodg. No. 9, (Doc. No. 26-9); Lodg. No. 12 (Doc. No. Lodg. 24 26-12); Lodg. No. 13 (Doc. No. 26-13); No. 14 (Doc. No. 26-14), Lodg. No. 18 (Doc. No. 25 26-18). Petitioner did not file an appeal. Instead, he filed a petition for a writ of habeas 26 with the California Supreme Court which the court summarily denied. Lodg. No. 19 (Doc. 27 No. 26-189); Lodg. No. 20 (Doc. No. 26-20). Petitioner originally filed a writ of habeas 28 corpus under 28 U.S.C. section 2254 with the district court on February 22, 2016 and filed the instant First Amended Petition on March 18, 2016. See Amended Petition at 6 (Doc. No. 5). Defendant filed a motion to dismiss the amended petition which this Court denied. See Doc. Nos. 15, 23. Thereafter, Respondent filed an answer and Petitioner filed a traverse. The Honorable Louisa S Porter, United States Magistrate Judge, submitted a Report and Recommendation (“Report”) to this Court recommending denial of the…