Bismillah

MEMORANDUM *

U-Akbar Sharrieff Bismillah petitions this Court for habeas relief from his conviction for the kidnaping and felony assault of Janet Alston. Bismillah claims that the trial court constitutionally erred by failing to rule on defense counsel’s request for a mental competency hearing. The trial court, however, was not required to conduct a competency hearing because the evidence before it was insufficient to raise a bona fide doubt as to Bismillah’s competence. The declaration of attorney William Daley contained only a conclusory allegation of incompetence, unsupported by specific facts. See Cacoperdo v. Demosthenes, 37 F.3d 504, 510 (9th Cir.1994). Bismillah offered no medical history suggesting incompetence, and his behavioral history appears to reflect obstinance rather than incompetence. On the same day that Daley submitted his declaration, the trial court held a hearing on Bismillah’s pending motion to substitute counsel under People v. Marsden, 2 Cal.3d 118, 84 Cal. Rptr. 156 , 465 P.2d 44 (Cal.1970). A few days later, the trial court held a hearing to consider Bismillah’s motion to represent himself under Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45…