Scott
Scott v. Cates
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 11 ELLIS BERNARD SCOTT, Case No.: 3:22-cv-1101-RSH-JLB
Petitioner,
ORDER ADOPTING MAGISTRATE
vs. JUDGE’S REPORT AND
RECOMMENDATION AND
B. CATES, et al.,
GRANTING SUMMARY
JUDGMENT TO DEFENDANTS Respondents.
17 [ECF No. 25] 18 19 Petitioner Ellis Bernard Scott (“Petitioner”), an inmate proceeding pro se, filed a 20 Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254. ECF No. 1. 21 Petitioner challenges his 2018 conviction in San Diego Superior Court for assault with a 22 deadly weapon. Id. at 1; ECF No. 13-1 at 211. 23 On July 25, 2022, Petitioner filed a motion to proceed in forma pauperis (“IFP”). 24 ECF No. 2. On August 2, 2022, the Court denied Petitioner’s motion, ECF No. 2, because 25 it appeared Petitioner could pay the filing fee; dismissed the case without prejudice; and 26 directed that, if Petitioner wished to proceed with the instant case, he must submit either 27 the $5.00 filing fee or…