Fisher

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 PEDRO RODRIGUEZ, Case No.: 21-CV-1443-MMA(WVG)

Petitioner,

REPORT AND

v. RECOMMENDATION ON

RESPONDENT’S MOTION TO

DISMISS

KATHLEEN ALLISON, Warden, [Doc. No. 20.] Respondent. 17 18 On August 9, 2021, Pedro Rodriguez, a San Diego County prisoner proceeding pro se, (“Petitioner”) filed a writ for habeas corpus pursuant to 28 U.S.C. section 2254. (Doc. No. 1.) Petitioner alleged his federal constitutional rights were violated when he was denied eligibility for parole under California Proposition 57 while he was in the custody of the California Department of Corrections and Rehabilitation (“CDCR”). (Doc. No. 1 at 16.) On October 28, 2021, Officer Fisher1 (“Respondent”) filed a Motion to Dismiss Petitioner’s Writ of Habeas Corpus. (Doc. No. 20.) Respondent contended Petitioner failed 26 1 On January 12, 2022, Kathleen Allison, Secretary of the California Department of Corrections and…