Frauenheim

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOSEPH HASKELL MAINE, Case No. 1:19-cv-00862-DAD-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS

FRAUENHEIM, ORDER DIRECTING CLERK OF COURT

TO AMEND CAPTION

Respondent. (ECF No. 13) 13 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. BACKGROUND Petitioner was convicted by a jury in the Kern County Superior Court of two counts of second-degree murder (counts 1 and 2), gross vehicular manslaughter while intoxicated (count 3), and misdemeanor driving without a valid license (count 6). Petitioner was sentenced to an imprisonment term of: fifteen years to life on count 1; a concurrent fifteen years to life on count 2; and ten years plus two years on count 3, which was stayed. (LDs2 1, 2). On April 13, 2018, the California Court of Appeal, Fifth Appellate District remanded the…