Ellawendy

Ellawendy v. Monterey County Superior Court

Good Law
United States District Court, Northern District of CaliforniaMay 9, 20225:20-cv-02708California1,907 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ABDELFATAH ELLAWENDY,

Case No. 20-02708 BLF (PR) Petitioner, ORDER DENYING LEAVE TO FILE v. AMENDED PETITION; LIFTING STAY ON BRIEFING; SETTING

DEADLINE FOR PETITIONER’S

MONTEREY COUNTY SUPERIOR TRAVERSE

COURT,

15 Respondent. (Docket No. 15)

17 Petitioner, a state parolee, filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging his 2019 state conviction out of Monterey County, which involved charges for stalking, several counts of assault, and dissuading a witness from testifying. Dkt. No. 1; Dkt. No. 12-1 at 1-2. Pursuant to a negotiated plea, Petitioner pleaded no contest to one count of assault with a deadly weapon, agreeing to serve no more than two years; the trial court sentenced him to two years in state prison. Dkt. No. 12-1 at 2. The Court found the only cognizable claim in the petition was…

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