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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GLENN CORNWELL, Jr., No. 2:06-cv-0705 TLN CSK DP Petitioner, DEATH PENALTY CASE v. WARDEN, SAN QUENTIN STATE ORDER

PRISON,

15 Respondent. 16 Petitioner is a state prisoner under sentence of death. Petitioner’s unopposed motion for evidentiary hearing is before the Court. (ECF No. 153.) I. BACKGROUND On April 21, 1995, petitioner was convicted of murder and robbery and sentenced to death; in addition, the court imposed a consecutive, determinate term of 11 years, comprised of 5 years for the personal use of a firearm, 5 years for the prior serious felony conviction, and 1 year for the prior prison term. (ECF No. 52 at 40.) The court imposed the sentence but stayed execution on the robbery and felon-in-possession of a firearm counts. (Id.) The district court found petitioner’s first amended petition (ECF No. 52) was timely filed. (ECF No. 85.) Ruling on the remaining procedural default issues was deferred pending ruling on the 28…