Domenico G Diaz v. Dean Borders

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DOMENICO G. DIAZ, Case No. 20-cv-00825-BAS-LL

Petitioner,

ORDER:

v. (1) APPROVING AND DEAN BORDERS,

ADOPTING REPORT AND

Respondent. RECOMMENDATION IN ITS ENTIRETY (ECF No. 18);

17 (2) GRANTING RESPONDENT’S MOTION TO DISMISS (ECF No. 16);

AND

(3) DIRECTING JUDGMENT BE

ENTERED DENYING

PETITIONER’S HABEAS

PETITION.

Petitioner Domenico G. Diaz, a state prisoner proceeding pro se and in forma pauperis, filed this petition for writ of habeas corpus under 28 U.S.C. § 2254. (ECF No. 1.) Petitioner was convicted in 2004 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 sentences with a minimum term of fifty-one years to life followed by a…