Bryson

I. BACKGROUND

24 On September 18, 2023, Petitioner filed an Amended Petition for Writ of Habeas 25 Corpus under 28 U.S.C. § 2254 (“Amended Petition”). ECF No. 23. Respondents Raymond 26 Madden and Rob Bonta (“Respondents”) filed an Answer to the Amended Petition on May 27 17, 2024 (“Answer”). ECF No. 37. Therein, Respondents request the Court deny the 28 Amended Petition without conducting an evidentiary hearing. Id. at 8. Petitioner filed a Traverse to the Answer, seeking an evidentiary hearing and release from custody. ECF No. 40. Petitioner concurrently filed the Motion for Summary Judgment, wherein he alternatively seeks immediate release without an evidentiary hearing. ECF No. 41. Petitioner attaches a 26-page memorandum of points and authorities identical to the memorandum attached to the Traverse. See ECF Nos. 40 at 5–30, 41 at 3–28. II. DISCUSSION A summary judgment motion is not the proper mechanism to address the relief Petitioner seeks. The Federal Rules of Civil Procedure may be applied to a habeas proceeding “to the extent that they are not inconsistent with…