Gamboa

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RONALD J. SMITH, Case No.: 22-cv-00856-JLS-DDL

Petitioner,

REPORT AND RECOMMENDATION

v. FOR ORDER CONDITIONALLY

GRANTING RESPONDENTS’

MARTIN GAMBOA, Warden, and

MOTION TO DISMISS

ROB BONTA, Attorney General, 15 Respondents. [Dkt. No. 7]

17 Before the Court is Respondents Martin Gamboa’s and Rob Bonta’s (“Respondents”) Motion to Dismiss Petition for Writ of Habeas Corpus (the “Motion to Dismiss”) by. Dkt. No. 7. Petitioner Ronald J. Smith (“Petitioner”), a state prisoner proceeding pro se, opposes. Dkt. No. 9. This Report and Recommendation to United States District Judge Janis L. Sammartino pursuant to 28 U.S.C. § 636(b) and Civil Local Rules 72.1 and HC 2. For the reasons stated below, the undersigned RECOMMENDS that the District Court conditionally GRANT Respondents’ Motion to Dismiss and DISMISS the Petition unless Petitioner can timely cure his Petition. /// /// …