Alejandro Alve v. Gavin Newson

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ALEJANDRO ALVE, Case No.: 21-cv-349-CAB-DEB

Petitioner,

REPORT AND

v. RECOMMENDATION ON

RESPONDENTS’ MOTION TO

GAVIN NEWSOM, et al.,

DISMISS

Respondents. [DKT. NO. 15] 16 17 This Report and Recommendation is submitted to United States District Judge Cathy Ann Bencivengo pursuant to 28 U.S.C. § 636(b) and Civil Local Rules 72.1.d and HC.2. I. INTRODUCTION Petitioner Alejandro Alve is an inmate at Solano State Prison. On February 19, 2021, he filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Dkt. No. 1. The Petition alleges Alve is “unlawfully in prison via ‘Information’ rather than an ‘Indictment’ by the grand jury as a condition precedent for confinement in state prison.” Id. at 10. On April 27, 2021, Respondents filed a Motion to Dismiss Alve’s Petition. Dkt. No. 15. Respondents also lodged filings from Central District of California Case…