Ellawendy
Ellawendy v. Monterey County Superior Court
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
ABDEL FATAH ELLAWENDY,
Case No. 20-00869 BLF (PR) Petitioner, ORDER DENYING CERTIFICATE v. OF APPEALABILITY
MONTEREY COUNTY SUPERIOR
COURT,
Respondent.
17 Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his conviction. Dkt. No. 1. On June 3, 2020, the Court dismissed the action for failure to exhaust state judicial remedies. Dkt. No. 3. Petitioner appealed, and the United States Court of Appeals for the Ninth Circuit remanded the matter for the limited purpose of granting or denying a certificate of appealability. Dkt. No. 7. In dismissing the instant action, which was Petitioner’s second federal habeas petition filed in this district, the Court found that Petitioner had only gone so far as to appeal the state appellate court at the time he filed the action. Dkt. No. 3 at…