Mark Patrick Gansert v. Don Barnes

BACKGROUND

20 On April 21, 2020, the Court received a Petition for Writ of Habeas 21 Corpus Under 28 U.S.C. § 2254 by Mark Patrick Gansert (“Petitioner”). Dkt. 22 1 (“Petition” or “Pet.”). Petitioner challenges a February 27, 2020 23 determination of his “competency to stand trial” in the Orange County 24 Superior Court. Pet. at 2. Petitioner asserts he was unable to enter a plea and 25 did not go to court. Id. Petitioner did not appeal to the California Court of 26 Appeal or the California Supreme Court. Id. Petitioner states he filed a habeas 27 petition with the “originating court” on March 5, 2020 and filed a motion for 28 mandate or prohibition with the Orange County Superior Court Appellate Division on March 20, 2020, but states “there has been no action due to court closures” allegedly “due to Covid-19.” Id. at 3-4. Petitioner asserts four grounds for relief and attests that none of the grounds have been presented to California Court of Appeal or the California Supreme Court, explaining “unable to—Covid-19. Id. 5-7. Petitioner amplifies this assertion in an attachment to the Petition, stating “as per exhaustion requirements due to Covid-19…