Dunsmore
Dunsmore v. Gore
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DARRYL DUNSMORE, Case No.: 3:20-cv-1609-LAB-NLS
Petitioner,
ORDER DENYING CERTIFICATE
v. OF APPEALABILITY WILLIAM GORE, Sheriff, Respondent. 16 On November August 17, 2020, Petitioner filed a petition for writ of habeas corpus, pursuant to 28 U.S.C. §2241. (ECF No. 1.) The Court dismissed the Petition without prejudice on September 23, 2020 because Petitioner had failed to satisfy the filing fee requirement. (ECF No. 2.) On October 5, 2020, Petitioner filed a request to proceed in forma pauperis. (ECF No. 3.) On November 2, 2020, this Court granted Petitioner’s in forma pauperis application and dismissed the case without prejudice because Petitioner appeared to be challenging a state court conviction in San Diego Superior Court Case No. SCS197057 and district courts lack jurisdiction under 28 U.S.C. § 2241 over claims which challenge a state court conviction. (ECF No. 6 at 2–3, citing White v.…