Valles

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ANDREW VALLES, Case No.: 21-CV-819-GPC-WVG

Petitioner,

REPORT AND

v. RECOMMENDATION ON

RESPONDENT’S MOTION TO

KATHLEEN ALLISON, Secretary,

DISMISS

Respondent. 16 I. INTRODUCTION On April 26, 2021, Andrew Valles, a state prisoner proceeding pro so, (“Petitioner”) filed a writ for habeas corpus petition (initial petition”) pursuant to 28 U.S.C. section 2254. (Doc. No. 1.) Petitioner alleged two grounds in support of his initial petition, namely ineffective assistance of counsel and an unlawful induced guilty plea. On January 3, 2021, Petitioner amended his initial petition after exhausting his state court remedies (“Operative Petition” or “Petition”). (Doc. No. 16.) In the Operative Petition, Petitioner claims special circumstances entitle him to equitable tolling in support of his request for habeas corpus relief. On April 25, 2022, Kathleen Allison (“Respondent”) filed a Motion to…