Bates v. The People of the State of California

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 GILBERT JOSEPH BATES, Case No.: 18cv1563-MMA (MSB)

Petitioner,

ORDER ADOPTING REPORT AND

v. RECOMMENDATION OF UNITED

STATES MAGISTRATE JUDGE;

DANIEL A. PARAMO, WARDEN,

Respondent. [Doc. No. 17]

DENYING RESPONDENT’S MOTION

TO DISMISS WITHOUT PREJUDICE

17 [Doc. No. 12] 18

20 Petitioner Gilbert Joseph Bates (“Petitioner”), a state prisoner proceeding pro se, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. See Doc. No. 1. On July 9, 2018, Petitioner filed his First Amended Petition for Writ of Habeas Corpus (“Petition”). See Doc. No. 5. Respondent filed a motion to dismiss the Petition, to which Petitioner filed an opposition. See Doc. Nos. 12, 16. The matter was referred to United States Magistrate Judge Michael S. Berg for preparation of a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1) and Civil Local Rule HC.2. Judge…