Mourning

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JEFFERY LEE MOURNING, Case No.: 20-cv-0786 WQH (NLS)

REPORT AND

Petitioner,

RECOMMENDATION OF UNITED

v. STATES MAGISTRATE JUDGE RE:

DENYING PETITION FOR WRIT

NEIL MCDOWELL, Warden, et. al.,

OF HABEAS CORPUS

Respondent. [ECF No. 1] 16 17 I. INTRODUCTION Petitioner Jeffery Lee Mourning (“Petitioner”), a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, challenging the sentence accompanying his San Diego Superior Court conviction for violations of California Penal Code section 594(a)(b)(1), vandalism, and California Vehicle Code section 23110(b), throwing a substance at a vehicle with the intent to inflict great bodily injury, in case SCD 277656. (ECF No. 1 at 1–2; ECF No. 12.) Respondent filed an answer, arguing that Petitioner’s claim is not cognizable and moot, and lodged the court records. (ECF No. 12; ECF No. 13 (“Lodgment”).) …