Contreras

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 Case No.: 16cv2813-BTM(BLM) ANTHONY L. CONTRERAS,

Petitioner, REPORT AND RECOMMENDATION FOR

ORDER GRANTING RESPONDENT’S

v. MOTION TO DISMISS FIRST AMENDED

PETION FOR WRIT OF HABEAS

WARREN L. MONTGOMERY,

CORPUS

Respondent. [ECF NO. 46] 16 17 This Report and Recommendation is submitted to United States District Court Judge Barry T. Moskowitz pursuant to 28 U.S.C. § 636(b) and Civil Local Rules 72.1(d) and HC.2 of the United States District Court for the Southern District of California. On June 27, 2022, Petitioner Anthony Contreras (“Petitioner”), a state prisoner who is proceeding and , filed his First Amended Petition for Writ of Habeas Corpus (“Amended Petition”) pursuant to 28 U.S.C. § 2254 challenging his San Diego County Superior Court convictions of attempted premeditated murder, with gang and firearm enhancements, and shooting at an occupied vehicle, with gang and firearm enhancements. ECF No. 42.…