Fisher

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

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

Petitioner, ORDER DENYING PETITIONER’S

MOTION TO RENEW REQUEST FOR

v. ORDER TO POSSESS BOXES OF CASE

FILES

RAYTHEL FISHER, (ECF No. 42) Respondent.

15 I. BACKGROUND Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. After being convicted by a jury in state court of first-degree murder with a special circumstance finding, Petitioner was sentenced to death in 1980 and then again in 1991 after a penalty phase retrial. See Phillips v. Ornoski, 673 F.3d 1168, 1177 (9th Cir. 2012), as amended on denial of reh’g and reh’g en banc (May 25, 2012). In 1992, Petitioner filed a federal habeas petition in federal district court (“the earlier habeas petition”) challenging the guilt phase of his trial in state court. Id. In 2004, the district court denied the earlier habeas petition on the…