(HC)Baymiller

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM HOLT BAYMILLER, No. 2: 17-cv-2458 MCE KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS PEOPLE OF THE STATE OF CALIFORNIA, et al., 15 Respondent.

17 Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons stated herein, the undersigned recommends that the stay of this action be lifted and the unexhausted claim be dismissed. Background Petitioner challenges his 2012 murder conviction from the Tehama County Superior Court. (ECF No. 1 at 1.) The petition raises the following claims. First, petitioner alleges that the trial court erred by admitting the report of Wilson, addressing petitioner’s competence to stand trial. (Id. at 5.) Second, petitioner alleges that the prosecution failed to prove that petitioner’s insanity at the time of the crime was due to drugs and alcohol. (Id. at 7.) These claims were presented to the California…