Foss

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVONTA B. GRAHAM, No. 2:19-cv-1485-KJM-EFB P Petitioner, v. FINDINGS AND RECOMMENDATIONS TAMMY FOSS, Warden, Respondent. 16 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. 1 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 certain rights when it took his admission of a prior conviction. Id. at 5, 11. It is undisputed that the first claim has not been presented to the California Supreme Court. On March 5, 2021, the court ordered the parties to submit supplemental briefing on the issue of whether the case should be stayed pending petitioner’s exhaustion of his first claim. ECF No. 28. The briefing has…