(HC)Freeny

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 RICKY ALLEN FREENY, No. 2:22-cv-0170 TLN DB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

DANNY SAMUEL, Respondent. 15 Petitioner, a state prisoner proceeding through counsel, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner argues he is entitled to habeas relief because: (1) the evidence presented at trial was insufficient to support his conviction of first-degree murder; (2) the jury was improperly instructed; (3)-(4) he received ineffective assistance of counsel; (5) the sentence imposed is excessive in violation of his Eighth Amendment rights; and (6) the cumulative errors deprived him of his right to due process. (ECF No. 1 at 5, 7, 8, 10, 30-45.) Presently before the court is petitioner’s motion for stay. (ECF No. 2.) Therein, petitioner seeks a stay pursuant to Rhines v. Weber, 544 U.S. 269 (2005), due to concerns that the petition currently pending in state court…