Pollard

I. INTRODUCTION

23 Petitioner Thomas Allen Henderson is an inmate at Richard J. Donovan Correctional 24 Facility. On January 24, 2020, he filed a Petition for Writ of Habeas Corpus pursuant to 25 28 U.S.C. § 2254. Dkt. No. 1. The Petition asserts: (1) “trial counsel . . . utterly failed to 26 investigate and defend against alleged charges”; and (2) “[t]he state knowingly used 27 28 perjured testimony to obtain a conviction.” Id. at 10, 11. Henderson requests an evidentiary hearing. Id. at 1, 24. Respondent filed a Motion to Dismiss the Petition and lodged the state court record. Dkt. No. 13. Henderson filed an Objection. Dkt. No. 14. Respondent replied and lodged Henderson’s relevant mental health records. Dkt. Nos. 20, 22.1 For the reasons discussed below, the Court recommends DENYING Henderson’s Petition. II. PROCEDURAL BACKGROUND In 2013, a San Diego County Superior Court jury found Henderson guilty of: (1) forcible sodomy; and (2) inflicting great bodily injury and assault by means likely to produce great bodily injury. Dkt. No. 13-1 at 247–48. On December 20, 2013, the Superior Court entered judgment and…