Lewis

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DONALD R. LEWIS, Case No. 20-cv-1042-MMA (MSB)

Petitioner,

ADOPTING REPORT AND

v. RECOMMENDATION AND

DENYING RESPONDENTS’

MR. PICKETT, Warden, and ROB

MOTION TO DISMISS

BONTA, Attorney General of the State of 15 California, [Doc. Nos. 23, 28] 16 Respondents. 17 18 Donald R. Lewis (“Petitioner”), a state prisoner proceeding pro se, filed a petition for writ of habeas corpus (“Petition”) pursuant to 28 U.S.C. § 2254. See Doc. No. 17. Respondents Mr. Pickett and Rob Bonta1 (“Respondents”) filed a motion to dismiss on the grounds that the Petition is untimely. See Doc. No. 23. The matter was referred to United States Magistrate Judge Michael S. Berg for preparation of a Report and Recommendation (“R&R”) pursuant to 28 U.S.C. § 636(b)(1) and Civil Local Rules 72.1.d and HC.2. The Magistrate Judge has issued a R&R recommending that the Court

27 1 Rob Bonta replaced Xavier Becerra as Attorney General of California. Therefore, he…