Atchely
Mitchell v. Atchely
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CORREY MITCHELL, Case No. 23-cv-03455-JST
Petitioner,
ORDER DISMISSING PETITION FOR
v. A WRIT OF HABEAS CORPUS;
GRANTING LEAVE TO PROCEED IN
MATTHEW ATCHELY, et al., FORMA PAUPERIS; DENYING
CERTIFICATE OF APPEALABILITY
Respondents. 11 Re: ECF No. 2 12 Petitioner filed this pro se action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons set forth below, the Court DISMISSES this petition as second or successive within the meaning of 28 U.S.C. § 2244(b)(2), and DENIES a certificate of appealability. The Court GRANTS Petitioner leave to proceed in forma pauperis. ECF No. 2. BACKGROUND I. Petitioner’s Underlying Conviction and Sentence On March 24, 2004, Petitioner was convicted of robbery, assault and carjacking (Cal. Penal Code §§ 211, 236, 245(b)) in Los Angeles County Superior Court. ECF No. 1-1 at 4. Petitioner was initially sentenced to a term of 191 years to life…