Deleal

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RUDY DELEAL, Case No. 19cv522-MMA (NLS)

Petitioner,

ORDER ADOPTING REPORT AND

v. RECOMMENDATION OF UNITED

STATES MAGISTRATE JUDGE;

KEN CLARK, Warden,

DENYING PETITION FOR WRIT

Respondent. OF HABEAS CORPUS; AND

DECLINING TO ISSUE

CERTIFICATE OF

APPEALABILITY

18 [Doc. Nos. 1, 8] 19 20 Petitioner Rudy Deleal (“Petitioner”), 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. Doc. No. 1 at 2. Respondent filed an answer, arguing that Petitioner’s petition fails on the merits and lodged the court records. Doc. No. 6; Doc. No. 7. Petitioner was provided with the opportunity to file a traverse by July 10, 2019, Doc. No. 4 at 2, but has failed to do so to date. The matter was…