Ellawendy

Ellawendy v. Monterey County Superior Court

Good Law
United States District Court, Northern District of CaliforniaJuly 7, 20205:20-cv-00869California387 words

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…

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