Thomas C. French v. R. Johnson

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

THOMAS C. FRENCH, ) Case No. 2:21-cv-05099-JWH-SP ) Petitioner, ) ) MEMORANDUM AND ORDER v. ) SUMMARILY DISMISSING ) PETITION FOR WRIT OF HABEAS R. JOHNSON, Warden, ) CORPUS ) Respondent. ) )

16 17 18 19 20 21 22 23 24 25 26 27 I. INTRODUCTION On June 22, 2021, petitioner Thomas C. French, a California state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus (“Petition”) under 28 U.S.C. § 2254. Petitioner challenges the 26-year sentence he received in 2015 following his conviction for assault in Los Angeles County Superior Court. Petitioner asserts a single ground for habeas relief, that he was unlawfully sentenced under California Penal Code § 1170(e). On June 28, 2021, the Court issued an Order to Show Cause Why Petition Should Not Be Dismissed Due to Failure to Exhaust, as Time-Barred, and for Failure to Raise Cognizable Claim…