Kistler

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 BRYAN ANDREW KISTLER, Case No. 3:21-cv-02002-TWR-MSB

Petitioner,

ORDER (1) GRANTING MOTION

v. TO DISMISS PETITION FOR

WRIT OF HABEAS CORPUS;

M.B. ATCHLEY, Warden, et al.,

AND (2) DENYING CERTIFICATE

Respondent. OF APPEALABILITY

16 (ECF No. 14) 17 18 19 INTRODUCTION Petitioner Bryan Andrew Kistler (“Kistler” or “Petitioner”), a state prisoner, is proceeding pro se with a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (ECF No. 1, “Pet.”). The Court has read and considered the Motion to Dismiss (ECF No. 14, “Mot.”) and Memorandum of Points and Authorities in Support of the Motion to Dismiss (ECF No. 14-1, “Mem. P. & A.”), the Response to the Motion to Dismiss (ECF No. 15, “Resp.”), the lodgments and other documents filed in this case, and the legal arguments presented by both Parties. For the reasons discussed below, the Court GRANTS the Motion to Dismiss, and…