Delmonico
Delmonico v. Bonta
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL JOHN DELMONICO, Case No. 21-cv-02009-HSG
Petitioner, ORDER GRANTING MOTION TO
DISMISS; REQUIRING PETITIONER
v. TO MAKE ELECTION
MATTHEW RODRIQUEZ, Re: Dkt. No. 12 Respondent.
12 Petitioner has filed a pro se action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging a 2018 misdemeanor conviction from Palo Alto Superior Court. Now pending before the Court is Respondent’s motion to dismiss the petition for failure to exhaust state remedies. Dkt. No. 12. Petitioner has filed an opposition, Dkt. No. 13, and Respondent has filed a reply, Dkt. No. 14. For the reasons set forth below, Respondent’s motion is GRANTED and Petitioner is required to make an election. DISCUSSION A. Procedural History In May 2018, a Santa Clara County jury convicted Petitioner of public lewd conduct, a misdemeanor (Cal. Penal Code § 647(a)). Dkt. No. 12, Exh. A…