Mendoza

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ROBERT A. MENDOZA, Case No.: 20cv0847-GPC(RBB)

Petitioner,

REPORT AND

v. RECOMMENDATION RE MOTION

TO DISMISS PETITION FOR WRIT

M. POLLARD, Warden,

OF HABEAS CORPUS [ECF NO. 16]

Respondent. AND MOTION FOR PARTIAL

SUMMARY JUDGMENT [ECF NO.

16 12] 17 In 2016, a jury convicted Petitioner Roberto Angel Mendoza (“Petitioner”)1 of two counts of oral copulation with a child ten years of age or younger in violation of California Penal Code section 288.7(b), two counts of sexual penetration with a child ten years of age or younger in violation of Penal Code section 288.7(b), and nine counts of lewd acts with a child in violation of Penal Code section 288(a). (See Not. Lodgment Attach. #1, People v. Mendoza, SCS276250, clerk’s tr. at 187-99, ECF No. 17; see also

25 1 Petitioner’s trial court proceedings were conducted in the name of “Roberto Angel Mendoza” and his state habeas proceedings in the name of…