Ellawendy

Ellawendy v. Monterey County Superior Court

Good Law
United States District Court, Northern District of CaliforniaFebruary 7, 20235:20-cv-02708California264 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ABDELFATAH ELLAWENDY,

Case No. 20-cv-02708 BLF (PR) Petitioner, ORDER DENYING LEAVE TO v. PROCEED IN FORMA PAUPERIS ON APPEAL

MONTEREY COUNTY SUPERIOR

COURT,

15 Respondent. (Docket No. 38)

17 Petitioner, a state parolee, filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254, challenging the voluntariness of his 2019 plea agreement. On January 10, 2023, the Court denied the petition for writ of habeas corpus on the merits and entered judgment on the same day. Dkt. Nos. 33, 34. Petitioner has filed a motion for leave to appeal in forma pauperis. Dkt. No. 38. In denying the petition, the Court also denied a Certificate of Appealability because “no reasonable jurist would find the district’s court’s assessment of the constitutional claims debatable or wrong.” Dkt. No. 33 at 11-12, citing Slack v. McDaniel, 529 U.S. 473, 484 (2000). …

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