Ellawendy v. Monterey County Superior Court

8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA ABDELFATAH ELLAWENDY, 11 Case No. 20-cv-02708 BLF (PR) Petitioner, 12 ORDER DENYING LEAVE TO v. PROCEED IN FORMA PAUPERIS 13 ON APPEAL 14 MONTEREY COUNTY SUPERIOR COURT, Respondent. (Docket No. 38) 18 Petitioner, a state parolee, filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254, challenging the voluntariness of his 2019 plea agreement. On January 10, 2023, the Court denied the petition for writ of habeas corpus on the merits and entered judgment on the same day. Dkt. Nos. 33, 34. Petitioner has filed a motion for leave to appeal in forma pauperis. Dkt. No. 38.

23 In denying the petition, the Court also denied a Certificate of Appealability because “no reasonable jurist would find the district’s court’s assessment of the constitutional claims debatable or wrong.” Dkt. No. 33 at 11-12, citing Slack v. McDaniel, 529 U.S. 473, 484 (2000). For the same reason, the Court finds Petitioner’s appeal is not taken in “good faith” and consequently leave to proceed in forma pauperis is DENIED. See 28 U.S.C. || 24(a).

2 This order terminates Docket No. 38.

3 IT ISSO ORDERED.

4 Dated: __ February 7, 2023 Ais / Waar BETH LABSON FREEMAN 5 United States District Judge

O 18 25 Order Denying IFP on Appeal PRO-SE\BLF\HC.20\02708Ellawendy_ifp-appeal