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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ANTHONY L. CONTRERAS, Case No.: 16cv2813-BTM(KSC)

Petitioner,

REPORT AND RECOMMENDA-

v. TION RE RESPONDENT'S MOTION

TO DISMISS THE PETITION

WARREN L. MONTGOMERY, Warden,

Respondent. [Doc. No. 18] 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 challenging his conviction in San Diego Superior Court Case No. SCD238193. [Doc. No. 1; Doc. No. 19-1, at p. 1.] When the Petition was filed on November 14, 2016, it was subject to dismissal under Rose v. Lundy, 455 U.S. 509, 522 (1982), because it included both exhausted and unexhausted claims. [Doc. Nos. 1, 2, 5, 9.] Petitioner requested and was granted an unopposed Motion for Stay and Abeyance under Rhines v. Weber, 544 U.S. 269 (2005). [Doc. Nos. 5, 9, 10.] The case was then stayed from August 23, 2017 until July 23, 2019,…