Fonseca

INTRODUCTION

10 Petitioner Rene A. Fonseca seeks federal habeas relief from his California state 11 convictions for sex offenses. The petition for habeas relief is now before the Court for 12 review pursuant to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 13 Cases. The petition states cognizable claims. Accordingly, on or before December 18, 14 2023, respondent shall file an answer or a dispositive motion in response to the habeas 15 petition. 16 The Clerk shall modify the docket to reflect that Ron Broomfield, the warden of the 17 prison in which Fonseca is housed, is the sole respondent. Broomfield is the sole proper 18 respondent in this action, as he is the custodian having day-to-day control over petitioner, 19 the only person who can produce “the body” of the petitioner. Brittingham v. United 20 States, 982 F.2d 378, 379 (9th Cir. 1992) (quoting Guerra v. Meese, 786 F.2d 414, 416 21 (D.C. Cir. 1986)). 22 The filing fee has been paid. (Dkt. No. 1.)

BACKGROUND

24 In 2019 Fonseca was convicted by a San Francisco County Superior Court jury of 25 rape by intoxication, oral copulation by intoxication, sexual penetration by a foreign object 26 by…