Acosta

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 NOEMI DEL CARMEN ACOSTA, Case No.: 19CV1190-H(KSC)

Petitioner,

REPORT & RECOMMENDATION

v. RE: MOTION TO DISMISS [DOC. NO. 6.] RICK HILL, WARDEN, Respondent. 16 17 For the reasons set forth below, the Court recommends that the Motion to Dismiss filed by Respondent Warden Rick Hill (“Respondent”) be GRANTED and that the First Amended Petition for Writ of Habeas Corpus filed by Petitioner Noemi Del Carmen Acosta (“Petitioner”) be DISMISSED with prejudice. I. Introduction and Procedural Background On January 26, 2016, the abstract of judgment was entered by the Superior Court of California, County of San Diego, in case number SCD260588, for Petitioner’s plea of guilty to one count of willful harm or injury to a child, Cal. Penal Code § 273a(a), and admission of personally inflicting great bodily injury on a child victim who was under the 27 28 age of five. Cal. Penal…