(HC)Gilmore

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA STEVEN GILMORE, Case No.: 20cv2230-WQH-MDD

Petitioner,

ORDER

v. RICK HILL, Warden, Respondent. HAYES, Judge: The matter before the Court is the Report and Recommendation issued by the Magistrate Judge. (ECF No. 36). I. BACKGROUND On November 9, 2020, Petitioner Steven Gilmore initiated this action by filing a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254. (ECF No. 1). The Petition alleges a “Boykin/Tahl violation” in connection with a 2001 California state court conviction. (Id. at 4). In support of his Petition, Petitioner states that his “Alternative Sentence Conviction obtained by guilty plea … was unlawful and not made voluntarily and intelligent nor advised of the consequences of the plea.” (Id.). On November 3, 2021, Respondent Rick Hill filed a Response to the Petition. (ECF No. 29 at 2). Respondent contends that that the habeas petition is successive, barred by the statute…