Pacuan

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 LEOPOLDO PACUAN, Case No.: 23-cv-01844-RBM-JLB

Petitioner,

REPORT AND

v. RECOMMENDATION RE: MOTION

TO DISMISS THE PETITION FOR

TAMMY CAMPBELL, Warden,

WRIT OF HABEAS CORPUS

Respondent. [ECF No. 9] 16 This Report and Recommendation is submitted to the Honorable Ruth Bermudez Montenegro, United States District Judge, pursuant to 28 U.S.C. § 636(b)(1) and Local Civil Rule 72.1.d of the United States District Court for the Southern District of California. On October 2, 2023, petitioner Leopoldo Pacuan (“Petitioner”), proceeding pro se, filed a Petition for Writ of Habeas Corpus (the “Petition”) before this Court pursuant to 28 U.S.C. § 2254. (ECF No. 1.) On March 28, 2024, respondent Tammy Campbell, Warden, (“Respondent”) filed a Motion to Dismiss and lodged the state court record. (ECF Nos. 9; 10.) On April 22, 2024, Petitioner filed a Response in Opposition (“Opposition”)…