Dunsmore

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA 10 DARRYL DUNSMORE, Case No. 20-cv-01518-BAS-KSC 11 Petitioner, ORDER DECLINING TO ISSUE CERTIFICATE OF APPEALABILITY v. 13 LAURA ELDRIDGE, et al., 14 Respondents. 15 This matter is before the Court on limited remand from the Ninth Circuit to grant or deny a certificate of appealability (“COA”) as to Petitioner Darryl Dunsmore’s Notice of Appeal of this Court’s Order dismissing his habeas petition. (ECF No. 11.) For the foregoing reasons, the Court DECLINES to issue a COA. I. BACKGROUND Petitioner, a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254. On November 2, 2020, the Court granted Petitioner’s motion to proceed in forma pauperis but dismissed the Petition for two reasons. (ECF No. 4.) First, the Court found that the Petitioner included successive claims related to Petitioner’s original 2010 conviction in San Diego Superior Court, for which Petitioner had filed a federal habeas…