Parish
Parish v. Martel
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 STEPHEN M. PARISH, Case No.: 19cv0503 LAB (MSB)
Petitioner,
ORDER GRANTING MOTION
v. TO DISMISS AND DENYING
CERTIFICATE OF
MICHAEL MARTEL, Warden, et al.,
APPEALABILITY
Respondents. 16 I. INTRODUCTION Petitioner Stephen M. Parish, a state prisoner proceeding pro se with a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (“Petition” or “Pet.”), challenges the use of a prior conviction to enhance his sentence in his 2012 conviction in San Diego Superior Court case no. SCD240397 for five counts of robbery and various firearms charges. (Pet., ECF No. 1 at 13-22.) The Court has read and considered the Petition, [ECF No. 1], the Motion to Dismiss and Memorandum of Points and Authorities in Support of the Motion to Dismiss [ECF No. 6, 6-1], the Opposition to the Motion to Dismiss [ECF No. 11], the lodgments and other documents filed in this case, and the legal arguments presented by both…