Opinion
20-cv-02708 BLF (PR)
02-07-2023
ABDELFATAH ELLAWENDY, Petitioner, v. MONTEREY COUNTY SUPERIOR COURT, Respondent.
ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL
(DOCKET NO. 38)
BETH LABSON FREEMAN UNITED STATES DISTRICT JUDGE
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.
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. 1915(a)(3). Petitioner may renew the motion in the Ninth Circuit. See Fed. R. App. P. 24(a).
This order terminates Docket No. 38.
IT IS SO ORDERED.