Wong

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DUANE HOLLOWAY, No. 2:05-cv-02089-DJC-JDP 12 Petitioner, DEATH PENALTY CASE 13 v. ORDER

MICHAEL MARTEL,

15 Respondent. 16 Petitioner Duane Holloway is a California state prisoner under sentence of death. Petitioner was convicted and sentenced to death in 1992 during a retrial after his initial conviction and sentence were reversed due to juror misconduct. Petitioner filed the present Petition for Writ of Habeas Corpus in 2006, and the action was stayed until 2009. Presently before the Court is Magistrate Judge Jeremy D. Peterson’s Findings and Recommendations on Respondent’s Motion for Summary Judgment. (F&Rs (ECF No. 100).) Respondents’ Motion seeks judgment based on the procedural default of several of Petitioner’s claims. (ECF No. 56.) Judge Peterson initially issued Findings and Recommendations on January 31, 2024. (ECF No. 94.) After Petitioner filed Objections, Judge Peterson vacated the original Findings and Recommendations. 28 …