Cummings v. The People of the State of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JERMONTA R CUMMINGS, Case No. 22-cv-02385-HSG

Petitioner, ORDER DENYING PETITION FOR A

WRIT OF HABEAS CORPUS;

v. DENYING CERTIFICATE OF

APPEALABILITY

THE PEOPLE OF THE STATE OF CALIFORNIA, et al., 11 Respondent. 12 Before the Court is the above-titled petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254 by petitioner Jermonta Cummings, challenging the validity of his state court conviction. Dkt. No. 1. Respondent has filed an answer to the petition. Dkt. No. 13 (“Answer”). Petitioner has not filed a traverse and the deadline to do so has since passed. For the reasons set forth below, the Court DENIES the petition for a writ of habeas corpus and DENIES a certificate of appealability. I. PROCEDURAL HISTORY On June 14, 2019, an Alameda County jury found Petitioner guilty of mayhem and assault with a deadly weapon, Cal. Penal Code § 245(a)(1), and found true enhancements for great…