Singh

I. INTRODUCTION

10 Petitioner, a state prisoner, has filed a pro se petition for a writ of habeas corpus pursuant 11 to 28 U.S.C. § 2254, challenging his state conviction and raising eleven claims. Respondent has 12 filed a motion to dismiss five of Petitioner’s eleven claims as unexhausted. Dkt. 9. In response, 13 Petitioner has filed a motion to amend his petition and delete the five unexhausted claims. Dkt. 14 16. Petitioner has also filed his amended petition containing the remaining exhausted claims. 15 Dkt. 19. 16

II. BACKGROUND

17 A jury found Petitioner guilty of two counts of first degree murder with special 18 circumstances of lying in wait and multiple murder, and it also found true multiple personal use of 19 a firearm enhancement allegations as to both counts. Resp’t Ex. 1 at 1. The trial court sentenced 20 Petitioner to life without the possibility of parole consecutive to 50 years to life. Id. 21 Petitioner appealed and filed a state habeas petition in the state appellate court. Resp’t 22 Exs. 1 & 2. On October 2, 2017, the state appellate court denied the habeas petition. Resp’t Ex. 3. 23 The state appellate court decided the direct appeal on the…