Sherman

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

GUSTAVO DELACRUZ, ) Case No.: 1:19-cv-00850-NONE-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATION TO ) GRANT RESPONDENT’S MOTION TO DISMISS v. ) FOR FAILURE TO EXHAUST ) STU SHERMAN, Warden, ) [Doc. 16] Respondent. ) ) [TWENTY-ONE DAY OBJECTION DEADLINE] )

On June 19, 2019, Petitioner filed the instant federal petition for writ of habeas corpus. (Doc. 1.) Respondent filed a motion to dismiss the petition on March 25, 2020. (Doc. 16.) Because the petition is unexhausted, the Court will recommend that Respondent’s motion to dismiss be GRANTED. DISCUSSION A. Background A jury found Petitioner guilty of second degree murder, gross vehicular manslaughter, and driving with a license that was suspended or revoked for driving under the influence of alcohol and/or drugs. (Doc. 16 at 1.) He was sentenced to an indeterminate state prison term of fifteen…