Mackey

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DAVID ERNESTO MACKEY, Case No.: 20-cv-962-LAB (DEB)

Petitioner,

REPORT AND

v. RECOMMENDATION TO GRANT

RESPONDENTS’ MOTION TO

BRANDON PRICE, et al.,

DISMISS

Respondents. [DKT. NO. 9]

17 Petitioner David Ernesto Mackey is currently in the custody of the State of California Department of State Hospitals. He filed his Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254 as a pro se litigant. Dkt. No. 1. On August 13, 2020, Respondents filed a motion to dismiss the Petition for failure to exhaust state remedies. Dkt. No. 9. Petitioner filed an opposition on August 27, 2020. Dkt. No. 10. For the reasons set forth below, the Court RECOMMENDS that Respondents’ motion to dismiss be GRANTED. I. Procedural History In 1994 a San Diego County jury found Petitioner guilty of forcible rape (Cal. Penal Code § 261(a)(b)) for which he was sentenced to 25 years in state…