Fisher

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

RICHARD LOUIS ARNOLD PHILLIPS, Case No. 1:19-cv-01589-DAD-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DENY PETITIONER’S MOTION FOR

v. TEMPORARY RESTRAINING ORDER

AND DENY RESPONDENT’S MOTION TO

RAYTHEL FISHER, DISMISS

Respondent. (ECF Nos. 4, 20)

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 In 1980, Petitioner was convicted after a jury trial of first-degree murder with special circumstance, attempted murder, and robbery. Petitioner was sentenced to death. See Phillips v. Ornoski, 673 F.3d 1168, 1175, 1177 (9th Cir. 2012), as amended on denial of reh’g and reh’g en banc (May 25, 2012). Petitioner appealed his conviction and sentence directly to the California Supreme Court, which affirmed the conviction but reversed the death sentence. The case was remanded for a new penalty…