Muniz

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

OLIVER GRAY, No. 2:16-cv-1577 JAM KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS W.L. MUNIZ, Respondent.

I. Introduction

Petitioner is a state prisoner, proceeding without counsel, with an application for a writ of

habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2013 conviction for five

counts of robbery and the personal use of a firearm, and for being a felon in possession of a

firearm. Petitioner was sentenced to thirty years and four months in state prison.

Petitioner asserts the following claims: (1) petitioner was denied federal due process

because he was convicted while he was incompetent to stand trial; (2) the trial court denied

petitioner the right to due process and a fair trial by a unanimous and impartial jury by failing to

inquire into one juror’s ability to comprehend…