Nieber

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 TOREN NIEBER, Case No.: 23-cv-0174-LL-DEB

Petitioner,

REPORT AND

v. RECOMMENDATION ON

RESPONDENT’S MOTION TO

JEFF MACOMBER, Secretary,

DISMISS

Respondent. [DKT. NO. 13]

This Report and Recommendation is submitted to United States District Judge Linda Lopez pursuant to 28 U.S.C. § 636(b) and Civil Local Rule 72.1.e. I. INTRODUCTION Petitioner Toren Nieber, a state prisoner proceeding pro se, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (“the Petition”). Dkt. No. 1.1 Respondent moves to dismiss the Petition, which Nieber opposes. Dkt. Nos. 14, 15. For the reasons discussed below, the Court recommends GRANTING Respondent’s Motion. 24 25 26 27 1 Unless otherwise stated, citations to electronically filed documents refer to the Court’s 28 II. PROCEDURAL HISTORY Petitioner Nieber is serving a state sentence following his convictions in San Diego County…