Sanchez

I. INTRODUCTION

18 Petitioner John David Sanchez (“Petitioner”), a state prisoner proceeding with 19 counsel, filed a Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. 20 § 2254, challenging his 2017 conviction in San Diego County Superior Court case number 21 SCE359409. (ECF No. 1.) Respondent Craig Koenig (“Respondent”) moved to dismiss 22 the Petition contending: (1) the Court may not grant relief as to Petitioner’s Fourth 23 Amendment claim since he previously raised it, and was rejected, in state court; (2) the 24 Court may not grant relief for a question of state law that had no effect on the evidence; 25 26 1 The Court cites the CM/ECF pagination when referencing the Petition and attached exhibits (ECF No. 1), Respondent’s Motion to Dismiss (ECF No. 4), Petitioner’s Opposition (ECF No. 6) and all Lodgments 28 and (3) any new claims are procedurally defaulted. (ECF No. 4 at 4–10.) Petitioner’s opposition to the motion (“Opposition”) was filed on December 11, 2020. (ECF No. 6.) This Report and Recommendation is submitted to United States District Judge Cynthia A. Bashant pursuant to 28 U.S.C. § 636(b)(1)…