Downs

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 WENDY H. DOWNS, Case No.: 22-cv-2073-MMA-DDL

Petitioner,

REPORT AND

v. RECOMMENDATION FOR ORDER

GRANTING MOTION TO DISMISS

KATHLEEN ALLISON, CDCR

Secretary, et al., [Dkt. No. 6] Respondents.

This Report and Recommendation is submitted to United States District Judge Michael M. Anello pursuant to 28 U.S.C. § 636(b) and Civil Local Rules 72.2.d and HC.2 of the United States District Court for the Southern District of California. On December 30, 2022, Petitioner Wendy H. Downs (“Petitioner”), a misdemeanant on county supervised probation proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (“Petition”) challenging her misdemeanor conviction for driving under the influence of drugs, with a special allegation of a prior conviction of driving under the influence within the previous 10 years. Dkt. No. 1. The Petition raises eight grounds …