Frauenheim

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

GERALD BRENT HARRIS, Case No. 1:19-cv-01203-LJO-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT RHINES STAY

v.

ORDER DISCHARGING ORDER TO

SCOTT FRAUENHEIM, SHOW CAUSE

Respondent. (ECF Nos. 7, 8)

16 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 challenges his 2014 convictions sustained in the Kern County Superior Court for second-degree murder and discharge of firearm causing death. Petitioner was sentenced to an imprisonment term of forty years to life. (ECF No. 1 at 1).1 On March 28, 2018, the California Court of Appeal, Fifth Appellate District affirmed the convictions, vacated the sentence, and remanded the matter. (Id. at 2). On June 13, 2018, the California Supreme Court denied the petition for review. (Id. at 2, 8). /// On September 3, 2019, Petitioner filed a federal…