Foss

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER STRONG, No. 2:19-cv-01268 KJM GGH P Petitioner, v. FINDINGS AND RECOMMENDATIONS RE

RHINES STAY

TAMMY FOSS, Respondent. 16 17 The undersigned will repeat the introduction to the Order to Show Cause previously issued in order to give context to these Findings and Recommendations. Petitioner has filed a traverse in this case which implicates exhaustion. That is, petitioner is presently seeking relief in a case pending before the California Court of Appeal, in which he seeks retroactive application of Cal. Penal Codes sections 188, 189. See Cal. Penal Code section 1170.95, permitting application of retroactive relief of the above sections in defined circumstances. Specifically, petitioner seeks application of Cal. Penal Code section 189 which restricts the formerly broader aspects of the felony murder rule. Because of the new statutory sections and ongoing proceedings in state court, petitioner has opted not…