Michael

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 HABEN BEYENE MICHAEL, Case No.: 19cv0158-AJB (NLS)

Petitioner,

ORDER DENYING PETITION FOR A

v.

WRIT OF HABEAS CORPUS AND

TAMMY FOSS, Warden, DECLINING TO ISSUE A Respondent. CERTIFICATE OF APPEALABILITY 15 16 Presently before the Court is a Petition for a Writ of Habeas Corpus filed by Haben Beyene Michael pursuant to 28 U.S.C. § 2254 (ECF No. 1), along with Respondent’s Answer (ECF No. 9), and Petitioner’s Traverse (ECF No. 11). For the following reasons, the Court DENIES the Petition and DECLINES to issue a Certificate of Appealability.1 BACKGROUND Petitioner was convicted in the San Diego County Superior Court on two counts of first degree robbery, entered as a result of a guilty plea, and received a stipulated sentence of 26 years in state prison, enhanced as a result of his admission to the vicarious use of a firearm and two prior felony convictions. (ECF No. 1 at 2.) He claims his guilty plea was 26 1…