Mendoza v. Cate

Filing 137

ORDER signed by Senior Judge Morrison C. England, Jr., on 8/27/21 CLARIFYING that the certificate of appealability was granted as to the following issue only: whether Petitioner's counsel was ineffective in the negotiation and entry of his guilty plea based on counsel's misrepresentation that the conviction to which he was pleading guilty was not a "strike" under California's Three Strikes Law. (Kastilahn, A)

Case 2:09-cv-01710-MCE-DB Document 137 Filed 08/30/21 Page 1 of 1
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARQUIMEDES MENDOZA,
Petitioner,

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No. 2:09-cv-1710 MCE DB P

ORDER

v.
MATTHEW CATE,
Respondent.

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Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254, which this Court denied on June 10, 2021. The Court granted a

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certificate of appealability. Petitioner noticed an appeal, and the appellate court remanded to this

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Court for the limited purpose of modifying the certificate of appealability to specify which issues

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met the requisite showing. The Court thus clarifies that the certificate of appealability was

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granted as to the following issue only: whether Petitioner’s counsel was ineffective in the

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negotiation and entry of his guilty plea based on counsel’s misrepresentation that the conviction

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to which he was pleading guilty was not a “strike” under California’s Three Strikes Law.

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IT IS SO ORDERED.
Dated: August 27, 2021

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