Domenico G Diaz v. Dean Borders

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DOMENICO G. DIAZ, Case No.: 20cv825-BAS-LL

Petitioner,

REPORT AND

v. RECOMMENDATION FOR ORDER

GRANTING RESPONDENT’S

DEAN BORDERS, Warden

MOTION TO DISMISS

Respondent. [ECF No. 16] 16 17 This Report and Recommendation is submitted to United States District Judge Cynthia A. Bashant pursuant to 28 U.S.C. § 636(b) and Civil Local Rules 72.1(d) and HC.2 of the United States District Court for the Southern District of California. Domenico G. Diaz is s state prisoner proceeding pro se and in forma pauperis with a Petition for a Writ of Habeas Corpus filed under 28 U.S.C. § 2254. ECF No. 1 (“Petition” or “Pet.”). Petitioner challenges his San Diego County Superior Court conviction for forcible lewd conduct with a child under the age of fourteen, kidnapping, making a criminal threat, kidnapping for rape, and assault with the intent to commit rape, for which he was sentenced to two consecutive life…