Atchely
Mitchell v. Atchely
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CORREY MITCHELL, Case No. 23-cv-03455-JST
8 Petitioner,
ORDER DISMISSING PETITION FOR
9 v. A WRIT OF HABEAS CORPUS;
GRANTING LEAVE TO PROCEED IN
10 MATTHEW ATCHELY, et al., FORMA PAUPERIS; DENYING
CERTIFICATE OF APPEALABILITY
Respondents. 11 Re: ECF No. 2 12 13 Petitioner filed this pro se action seeking a writ of habeas corpus pursuant to 28 U.S.C. 14 § 2254. For the reasons set forth below, the Court DISMISSES this petition as second or 15 successive within the meaning of 28 U.S.C. § 2244(b)(2), and DENIES a certificate of 16 appealability. The Court GRANTS Petitioner leave to proceed in forma pauperis. ECF No. 2. 17 BACKGROUND 18 I. Petitioner’s Underlying Conviction and Sentence 19 On March 24, 2004, Petitioner was convicted of robbery, assault and carjacking (Cal. 20 Penal Code §§ 211, 236, 245(b)) in Los Angeles County Superior Court. ECF No. 1-1 at 4. 21 Petitioner was initially sentenced to a term of 191 years to life…