Brown

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JONAS BROWN, Case No.: 21-CV-1550-L(WVG)

Petitioner,

REPORT AND RECOMMENDATION ON

v. RESPONDENT’S MOTION TO DISMISS

WARREN L. [Doc. No. 4.] MONTGOMERY, Warden, 15 Respondent. 16 17 I. INTRODUCTION On September 1, 2021, Petitioner Jonas Brown (“Petitioner”), a state prisoner represented by counsel, filed a Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254. (Pet. at 5, ECF No. 1.) Petitioner alleges his federal constitutional rights were violated upon two separate bases. First, Petitioner alleges it was unreasonable that he was awarded zero conduct credits for the time he spent in custody before being charged with murder. Second, Petitioner alleges it was unreasonable that a jury instruction for manslaughter was not given to the jury during the underlying trial. On November 5, 2021, Respondent filed a Motion to Dismiss arguing Petitioner did not properly present federal…