McDaniels

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ALPACINO MCDANIELS, Case No. 19-cv-01408-HSG

Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART RESPONDENT’S

v. MOTION TO DISMISS PETITION

FOR WRIT OF HABEAS CORPUS AS

JOSIE CASTELO, UNEXHAUSTED; REQUIRING

PETITIONER TO MAKE ELECTION

Defendant. Re: Dkt. No. 13

13 Petitioner Alpacino McDaniels, an inmate at California Men’s Colony in San Luis Obispo, California, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging a conviction from Alameda County Superior Court. Pending before the Court is respondent’s motion to dismiss the petition for a writ of habeas corpus as unexhausted. Dkt. No. 13. Petitioner has not filed an opposition, and the deadline to do has since passed. However, on September 29, 2019, petitioner mailed to the Court the California Supreme Court’s September 11, 2019 summary denial of his habeas petition. Dkt. No. 16. For the reasons set forth…