Ricky Sanders v. Tracy Johnson

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 RICKY SANDERS, ) NO. CV 23-6428 ODW (AS) ) Petitioner, ) ) v. ) ORDER OF DISMISSAL ) TRACY JOHNSON, Warden, ) ) Respondent. ) ) 16 I. INTRODUCTION 19 On May 30, 2023, Ricky Sanders (“Petitioner”), a California prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254 in United States District Court for the Central District of California case no. 23-4203-ODW(AS) (“Sanders I”). (Sanders I Docket (“Dkt.”) No. 1). The Sanders I Petition alleged that: (1) the trial court erred in denying Petitioner resentencing pursuant to California Penal Code (“P.C.”) §§ 27 28 1170.95/1172.61 by considering an uncharged robbery; (2) the trial court erred in the illegal use of a felony murder instruction when there was no underlying charge or conviction; (3) …