Warden
Marcus R. Ellington, Sr. v. Warden
Opinion
Trial Court Opinion
I.
INTRODUCTION
On June 27, 2019, Petitioner Marcus R. Ellington (“Ellington”), an inmate at California State Prison – Los Angeles County in Lancaster, California, constructively filed1 a pro se Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254. See Dkt. 1, Pet. While the relief being sought is unclear, Ellington argues he was denied due process and his right to present a defense at his preliminary hearing when the trial court denied his request “to use the transcripts from [a previous preliminary hearing in a different case] of the same subject matter and parties to impeach the prosecution[’]s witness.” Id. at 4-5. Ellington raises the following two claims: (1) the California Court of Appeal and the California Supreme Court denied him due process when his state habeas petition regarding his preliminary hearing was denied “due to it not being accompanied by the record of the lower court”; and (2) he was denied due process because the “lower courts” failed to meaningfully consider his state habeas petition regarding his preliminary hearing. Id. at 5-7. As discussed below, the Court orders Ellington to show cause why his Petition should not be…