Powers
Powers v. Covello
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANTHONY POWERS, Case No. 20-cv-04244-HSG
Petitioner, ORDER TO SHOW CAUSE;
GRANTING LEAVE TO PROCEED IN
v. FORMA PAUPERIS; DENYING
REQUEST FOR STAY AND
PATRICK COVELLO, ABEYANCE Respondent. Re: Dkt. Nos. 2,
12 Petitioner, a state prisoner incarcerated at Mule Creek State Prison, has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging a conviction from Napa County Superior Court. Dkt. No. 1 at 1. His request to proceed in forma pauperis is GRANTED. Dkt. No. 6. BACKGROUND On April 27, 2017, petitioner pled guilty in Napa County Superior Court to identity theft (Cal. Pen. Code § 530.5(a)) and possessing a controlled substance. Dkt. No. 1 at 1-2, 13. The plea bargain contemplated a two year prison sentence, to be increased to six years if petitioner failed to appear at sentencing or committed any new offense. …