Rodriguez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 PEDRO RODRIGUEZ, Case No.: 23-cv-2024-JES-KSC

Plaintiff,

REPORT AND

v. RECOMMENDATION RE

DEFENDANT’S MOTION TO

SHERIFF KELLEY MARTINEZ, DISMISS [Doc. No. 12]; PLAINTIFF’S Defendant. EX PARTE CLAIM OF RETALIATION [Doc. No. 19]; and

PLAINTIFF’S MOTION TO STRIKE

[Doc. No. 20]. ORDER RE

PLAINTIFF’S REQUEST FOR

18 JUDICIAL NOTICE [Doc. No. 18]. 19 (I) Introduction Petitioner Pedro Rodriguez seeks a writ of habeas corpus. Doc. No. 1. The District Court previously dismissed the Petition, but petitioner, on his Motion, later obtained leave to amend. Doc. Nos. 3-6. Petitioner filed an amended Petition, which respondent moved to dismiss. Doc. Nos. 8, 12. Although the Court granted petitioner extra time to file a response [Doc. No. 17], petitioner never opposed the Motion to Dismiss. Instead, petitioner filed a Request for Judicial Notice (“the RJN”), an Ex…