Phelps

INTRODUCTION

13 The “Order to Show Cause; Granting Extension of Time (ECF No. 8)” is VACATED as 14 having been filed in this case in error. 15 Petitioner, a prisoner of the State of California proceeding without representation by 16 counsel, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging his 17 conviction. For the reasons discussed below, the third claim is DISMISSED, a briefing schedule 18 is set for a motion to stay, and Petitioner is GRANTED an extension of time in which to file an 19 application to proceed in forma pauperis (“IFP”) or pay the filing fee.

BACKGROUND

21 In 2018, a jury in Santa Clara County Superior Court found Petitioner guilty of attempted 22 murder, assault with a firearm, and assault likely to produce great bodily injury, and found true 23 enhancements for the use of a firearm and causing great bodily injury. The trial court sentenced 24 him to a term of 10 years, plus 25 years-to-life, in state prison. The California Court of Appeal 25 affirmed the judgment, and the California Supreme Court denied Petitioner’s petition for review. 26 Thereafter, the California Court of Appeal and the California Supreme Court also…