(HC) Nunn v. Johnson

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH ARTHUR NUNN, No. 2:22-cv-01396-TLN-EFB (HC) 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 RICK HILL, 15 Respondent. 16 17 Petitioner Joseph Arthur Nunn, currently incarcerated in Folsom State Prison, seeks 18 federal habeas review of his 2016 murder conviction, entered in the Placer County Superior 19 Court. ECF No. 1 at 2. Petitioner filed a motion to stay the court’s consideration of the petition 20 under Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003) concurrently with the petition. ECF No. 2. 21 Respondent opposes the motion to stay and moves to dismiss the petition. ECF No. 8. For the 22 reasons that follow, it is recommended that the petition be dismissed. 23 I. Background 24 In 2016, petitioner was sentenced to a term of 40-years-to life following a conviction of 25 second-degree murder with a firearm enhancement. ECF No. 1 at 2; ECF No. 10-1 at 1. The 26 conviction was affirmed by the California Court of Appeal on March 2,…