Fisher

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

Petitioner, ORDER OVERRULING v. PETITIONER’S OBJECTION;

KATHLEEN ALLISON, Warden, [Doc. No. 54]

Respondent. ADOPTING REPORT AND

RECOMMENDATION;

[Doc. No. 51]

GRANTING MOTION TO DISMISS;

[Doc. No. 20]

DENYING AS MOOT MOTION FOR

APPOINTMENT OF COUNSEL;

[Doc. No. 47]

AND DECLINING TO ISSUE A

CERTIFICATE OF

APPEALABILITY

25 26 On August 9, 2021, Pedro Rodriguez (“Petitioner”), a San Diego County prisoner proceeding pro se, filed a habeas corpus petition pursuant to 28 U.S.C. § 2254 (the “Petition”). See Doc. No. 1. On October 28, 2021, Respondent filed a motion to dismiss the Petition. See Doc. No.…