Ricky Sanders v. Tracy Johnson

INTRODUCTION

18 19 On May 30, 2023, Ricky Sanders (“Petitioner”), a California 20 state prisoner proceeding pro se, filed a Petition for Writ of 21 Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 22 2254 (“Petition”). (Dkt. No. 1). Petitioner, who was sentenced in 23 2002 to a total of forty-five years to life in prison for first 24 degree murder, in Los Angeles Superior Court case number TA059122, 25 now challenges the state court’s 2022 denial of his petition for 26 27 28 resentencing under California Penal Code section 1170.95/1172.6.1 (See Petition at 2-6). For the reasons explained in this Order, the Petition is dismissed for failure to present a cognizable federal habeas claim. 5 BACKGROUND2 7 On November 16, 2001, a Los Angeles Superior Court jury convicted Petitioner of one count of first degree murder in violation of California Penal Code section 187(a). On January 16, 2002, Petitioner was sentenced to an aggregate term of forty-five years to life in state prison. Thereafter, the California Court of 13 14

1 Effective June 30, 2022, section 1170.95…