Acosta

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JAIME ACOSTA, Case No.: 3:20-cv-02039-WQH-AHG Petitioner, REPORT AND

RECOMMENDATION FOR ORDER

v.

GRANTING RESPONDENT’S

JEFF LYNCH, Warden, MOTION TO DISMISS

Respondent. [ECF No. 4] 16 Petitioner Jaime Acosta (“Petitioner”), a state prisoner proceeding pro se, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, challenging his San Diego Superior Court convictions in case number CR133742. ECF No. 1. Respondent Jeff Lynch (“Respondent”) filed a motion to dismiss the Petition, which Petitioner opposes. ECF Nos. 4, 6. For the reasons outlined below, the Court RECOMMENDS that the District Judge GRANT the motion to dismiss. I. BACKGROUND A jury in San Diego Superior Court found Petitioner guilty of first-degree murder and robbery with use of a firearm on February 3, 1993, and he was sentenced to life in prison without the possibility of parole on June 25, 1993. ECF No. 1 at…