Ellawendy

Ellawendy v. Monterey County Superior Court

Good Law
United States District Court, Northern District of CaliforniaSeptember 23, 20215:20-cv-02708California727 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ABDELFATAH ELLAWENDY,

Case No. 20-02708 BLF (PR) Petitioner, ORDER DIRECTING v. RESPONDENT TO FILE OPPOSITION TO AMENDED

PETITION OR STATEMENT OF

MONTEREY COUNTY SUPERIOR NON-OPPOSITION; STRIKING

COMPLAINT

COURT,

15 Respondent. (Docket Nos. 2, 5)

17 Petitioner, a state parolee, filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging his 2019 state conviction out of Monterey County. Dkt. No. 1. The Court found the only cognizable claim in the petition was the claim challenging the voluntary nature of Petitioner’s plea and dismissed all other claims. Dkt. No. 6. On January 27, 2021, Respondent filed an answer on the merits, Dkt. No. 12-1, (“Ans.”). Nearly six months later on July 8, 2021, Petitioner filed a document entitled “petition for a writ of habeas corpus,” which the Court construes as a motion for leave to …

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