Kane

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MICHAEL D. KANE, Case No.: 19cv1354-WQH-MDD

Petitioner,

REPORT AND

v. RECOMMENDATION OF UNITED

STATES MAGISTRATE JUDGE

JOSIE GASTELO, Warden,

RE: MOTION TO DISMISS

Respondent. PETITION FOR WRIT OF

HABEAS CORPUS

[ECF No. 7] This Report and Recommendation is submitted to United States District Judge William Q. Hayes pursuant to 28 U.S.C. § 636(b)(1) and Civil Local Rule 72.1(c) of the United States District Court for the Southern District of California. For the reasons set forth herein, the Court RECOMMENDS Respondent’s motion to dismiss be DENIED. The Court finds that the Petition contains both exhausted and unexhausted claims and therefore RECOMMENDS that Petitioner be advised about the options available to him with respect to his mixed petition. If Petitioner fails to pursue either unexhausted grounds for relief be DISMISSED and that the Court…