Atuatasi

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KAMAU DAVIS ATUATASI, Case No.: 22cv1469-JO (NLS)

Petitioner,

REPORT AND

v. RECOMMENDATION:

WARREN MONTGOMERY, Warden, et (1) GRANTING DEFENDANT’S al., MOTION TO DISMISS; Respondents. 16 (2) STRIKING PLAINTIFF’S AMENDED COMPLAINT; and

18 (3) DENYING PLAINTIFF’S MOTION FOR STAY AND

ABEYANCE

[ECF Nos. 7, 8]

22 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a 23 Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. Pending 24 before the Court is Respondent’s motion to dismiss (ECF No. 7), and Petitioner’s motion 25 for stay and abeyance (ECF No. 8). Petitioner filed an opposition to the motion to 26 dismiss, and on the same day, filed an amended petition. ECF Nos. 10, 11. After due 27 consideration and for the reasons discussed below, the Court…