Frauenheim

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES W. MILLNER, No. 2:19-CV-1311-JAM-DMC Petitioner, v. FINDINGS AND RECCOMENDATIONS SCOTT FRAUENHEIM, Respondent. 16 Petitioner, a state prisoner proceeding with retained counsel, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is respondent’s motion to dismiss (ECF No. 11). The parties appeared before the undersigned for oral arguments on December 11, 2019, at 10:00 a.m. Diane Therese Letarte, Esq., appeared for petitioner. Tami M. Krenzin, Esq., appeared for respondent. Following arguments, the matter was submitted. /// /// /// /// /// /// I. BACKGROUND A. State Court Proceedings Petitioner was convicted following a jury trial of second-degree murder of his wife, Ila Lavine Millner (Mrs. Millner) and the attempted murder of his son, Adam Millner, who was 16 years old at the time of…