Brooks
Brooks v. McDowell
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARCEL BROOKS, Case No. 22-cv-06334-JST
Petitioner,
ORDER OF DISMISSAL; DENYING
v. CERTIFICATE OF APPEALABILITY
CHRISTOPHER PIERCE, Respondent.
12 Petitioner Marcel Brooks, an inmate at Ironwood State Prison, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging a conviction from Alameda County Superior Court. ECF Nos. 1, 5. For the reasons set forth below, the Court DISMISSES the petition for failure to exhaust state court remedies, and DENIES a certificate of appealability. DISCUSSION The petition states the following cognizable claim for federal habeas relief: trial counsel was ineffective because he failed to review all the discovery, was unaware of exculpatory text messages, and did not hire a private investigator to interview two key witnesses who would have proven Petitioner’s innocence. ECF Nos. 5, 14. On February 10, 2025, the Court granted…