Gastelo

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PHILLIP R. HERNANDEZ, No. 2:19-cv-2414 KJM DB P Petitioner, v. ORDER AND JOSIE GASTELO, Warden, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma pauperis. Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a). Petitioner seeks relief from a sentence of twenty-five years to life following his conviction for murder in the first degree with an enhancement for personal use of a deadly weapon. See Pet. at 1 (ECF No. 3). His petition for writ of habeas corpus identifies the date of conviction as March 23, 2015. Id. It also reveals that the California Court of Appeal, Third Appellate…