Campbell

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANK ALEXANDER BERRY, No. 2:24-CV-0212-TLN-DMC-P Petitioner,

v.

FINDINGS AND RECOMMENDATIONS

TAMMY L. CAMPBELL, Respondent. 16 Petitioner, a state prisoner proceeding with retained counsel, has brought a petition for a writ of habeas corpus under 28 U.S.C. § 2254. See ECF No. 1. Pending before the Court are Petitioner’s motion to stay, ECF No. 2, and Respondent’s motion to dismiss, ECF No. 8. 20 I. BACKGROUND In 2018, Petitioner was charged in the Superior Court of California for Shasta County with (1) murder in violation of Cal. Penal Code § 187(a); (2) arson of property in violation of Cal. Penal Code § 451(d); (3) arson of a structure or forest land in violation of Cal. Penal Code § 451(c); and (4) possession of a firearm by a prohibited in person in violation of Cal. Penal Code § 29800(a). See ECF No. 1, pg. 2. In 2021, a jury found Petitioner guilty of all counts and the trial court sentenced…