Foss

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 DAVONTA B. GRAHAM, No. 2:19-cv-1485-KJM-EFB P Petitioner, v. ORDER TAMMY FOSS, Warden, Respondent. 15 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He challenges his conviction for second-degree murder and robbery with various enhancements. ECF No. 23 at 1. Petitioner alleges that the trial court violated his constitutional rights when it (1) admitted a hearsay statement made by a co-defendant and (2) failed to advise petitioner of his constitutional rights when it took his admission of a prior conviction. Id. at 5, 11. Petitioner concedes that he has not presented the first claim to the California Supreme Court. Id. at 10. However, neither party has addressed whether this case should be held in abeyance to allow petitioner to exhaust the claim. See King v. Ryan, 564 F.3d 1133 (9th Cir. 2009). A district court may not grant a petition…