Cueva

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTONIO ESPINOZA, No. 2:94-cv-1665-KJM-SCR Petitioner, v. ORDER AND DANIEL E. CUEVA, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner is a state prisoner proceeding through counsel with a petition for a writ of habeas corpus pursuant to 28 U.S.C. §2254. These proceedings have been referred to the magistrate judge in accordance with Local Rule 302 and 28 U.S.C. § 636(b)(1). Petitioner filed this case when he was condemned to death by execution. He has since been resentenced to life without the possibility of parole on account of his long-standing mental disorders. Pending before the court is petitioner’s counsel’s motion to determine incompetency and for the appointment of a guardian ad litem. ECF No. 309. For the reasons explained in further detail below, the undersigned recommends granting the motion and appointing petitioner a guardian ad litem for all further proceedings in this court. …