Deleal

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RUDY DELEAL, Case No.: 19-cv-00522-MMA-NLS

Petitioner,

REPORT AND

v. RECOMMENDATION OF UNITED

STATES MAGISTRATE JUDGE RE:

KEN CLARK, Warden,

DENYING PETITION FOR WRIT

Respondent. OF HABEAS CORPUS

16 [ECF No. 1] 17 I. INTRODUCTION Petitioner Rudy Deleal (“Petitioner” or “Deleal”), a state prisoner, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, challenging his San Diego Superior Court conviction for driving under the influence of a drug causing injury in case number SCD265087. (ECF No. 1 at 2.) Respondent filed an answer, arguing that Petitioner’s petition fails on the merits, and lodged the court records. (ECF No. 6; ECF No. 7 (“Lodgment”).) Petitioner was provided with the opportunity to file a traverse by July 10, 2019, (ECF No. 4 at 2,) but has failed to do so to date. After reviewing the parties’ submissions and the lodgments, and for the reasons…