Lacy

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ROY DONOVAN LACY, Case No. 21-cv-03377-HSG Plaintiff, ORDER GRANTING MOTION TO

DISMISS FOR FAILURE TO

v. EXHAUST STATE REMEDIES;

REQUIRING ELECTION BY

PAUL MIYAMOTO, PETITIONER Defendant. Re: Dkt. No. 6 12 Petitioner, a state prisoner, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Now pending before the Court is Respondent’s motion to dismiss the petition for failure to exhaust state court remedies. Dkt. No. 6. Petitioner has not filed an opposition, and the deadline to do so has since passed. For the reasons set forth below, Respondent’s motion is GRANTED. BACKGROUND In January 2013, a Marin County Superior Court jury found petitioner guilty of six counts of robbery arising from robberies at three bank branches (Cal. Penal Code § 211); and found true that Petitioner had two prior strike convictions, two five-year…