Nieber

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 TOREN NIEBER, Case No.: 22cv1223-LL-DEB

Petitioner,

ORDER GRANTING IN PART AND

v. DENYING IN PART

RESPONDENT’S MOTION TO

DISMISS

JEFF MACOMBER, Secretary, [ECF No. 18] Respondent. 17 I. INTRODUCTION Before the Court is a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (“Petition” or “Pet.”) filed by Toren Nieber (“Nieber” or “Petitioner”), a state

prisoner proceeding pro se. ECF No. 1. In his Petition, Nieber challenges his San Diego Superior Court conviction in San Diego County Superior Court case number SCD267738. See id. at 2.1 Respondent has filed a Motion to Dismiss. See ECF No. 18. The Court has reviewed the Petition, Respondent’s Points and Authorities in Support of the Motion, and 25 26 Page numbers for the Petition, Motion to Dismiss, Memorandum of Points and Authorities in Support of the Motion to Dismiss and lodgments cited in this Order refer to 28 1 …