Gamboa

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RONALD J. SMITH, Case No.: 22-CV-856 JLS (DDL)

Petitioner,

ORDER (1) GRANTING REQUEST

v. TO VOLUNTARILY DISMISS

CLAIMS; (2) DENYING

MARTIN GAMBOA, Warden, et al.,

RESPONDENTS’ MOTION TO

Respondents. DISMISS; AND (3) ADOPTING IN

PART AND MODIFYING IN PART

REPORT & RECOMMENDATION

17 (ECF Nos. 7, 11, 12) 18 19 Presently before the Court is Respondents Martin Gamboa and Rob Bonta’s Motion to Dismiss Petition for Writ of Habeas Corpus (“Mot.,” ECF No. 7). Also before the Court is Magistrate Judge David D. Leshner’s Report and Recommendation (“R&R,” ECF No. 11) advising the Court to conditionally grant Respondents’ Motion to Dismiss and dismiss Petitioner Ronald J. Smith’s petition without prejudice. Petitioner was afforded 30 days to file objections to Magistrate Judge Leshner’s R&R. Rather than submit any objections, Petitioner instead filed a document titled First Amended Petition for Writ of…