Kane

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 MICHAEL D. KANE, Case No.: 19cv1354-WQH-MDD

Petitioner,

REPORT AND

v. RECOMMENDATION OF UNITED

STATES MAGISTRATE JUDGE

JOSIE GASTELO, Warden,

RE: PETITION FOR WRIT OF

Respondent. HABEAS CORPUS

15 [ECF No. 1] 16 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 Michael D. Kane’s (“Petitioner” or “Kane”) Petition for Writ of Habeas Corpus be DENIED. I. FACTUAL BACKGROUND A. State Proceedings “[A] determination of factual issue made by a State court shall be presumed to be correct.” 28 U.S.C. § 2254(e)(1). The following facts, taken (ECF No. 8-19 (“Lodgment 9”)), have not been rebutted with clear and convincing evidence and must be…