Brown

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MICHAEL BROWN, Case No.: 19-CV-2021-CAB(WVG)

Petitioner,

REPORT AND

v. RECOMMENDATION ON

RESPONDENTS’ MOTION TO

W.L. MONTGOMERY, Warden, et al.,

DISMISS

Respondents. [Doc. No. 10.] 16

18 Petitioner Michael Brown filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. Respondent has moved to dismiss based on the running of the statute of limitations and lack of federal habeas jurisdiction. The matter is before the undersigned Magistrate Judge for preparation of a Report and Recommendation. For the reasons stated below, the Court RECOMMENDS that the motion to dismiss be GRANTED. I. BACKGROUND Petitioner is serving an indeterminate thirty years-to-life sentence for first degree murder. On November 1, 2016, while housed at Calipatria State Prison, Petitioner received a rules violation report (“RVR”) for distribution of a controlled…