Roldan

INTRODUCTION

20 The matter before the Court is the review of the Report and Recommendation, (Doc. 21 No. 11), issued by United States Magistrate Judge Ruben B. Brooks, recommending that 22 Respondent’s Motion to Dismiss, (Doc. No. 9), be granted. After careful consideration of 23 the entire record, the Court (1) ADOPTS the Magistrate Judge’s Report and 24 Recommendation; and (2) GRANTS Respondent’s Motion to Dismiss.

BACKGROUND

26 Petitioner, Ivan Roldan, was convicted of murder, three counts of attempted murder, 27 and assault with force likely to produce great bodily injury in 1997. (Not. Lodgment Attach. 28 #1[Legal Status Summary], at 1, ECF No. 10.) He was sentenced to a prison term of seventy-nine years to life with the possibility of parole. Id. On July 18, 2016, Correctional Officers D. Acosta and R. Dubbe searched the cell belonging to Petitioner and Victor Aldana. (Not. Lodgment Attach. #2; In re Roldan, No, S245962 (Cal. Sup. Ct. [filed Dec. 13, 2017]) (petition for writ of habeas corpus), at 21, Doc. No. 10). During the search, Officer Acosta found several bindles containing black tar heroin, “with a total weight of 5.47…