Andra Sistrunk v. Christian Pfeiffer

I. Introduction

On August 9, 2019, Petitioner, a California state prisoner proceeding pro se, filed an Application for Leave to File Second or Successive Petition Under 28 U.S.C. § 2254 in the United States Court of Appeals for the Ninth Circuit. (Dkt. No. 1.) On September 19, 2019, the Ninth Circuit denied the Application as unnecessary because Petitioner had not previously filed a Section 2254 petition challenging his conviction from Los Angeles County. (Dkt. No. 2.) The Ninth Circuit directed the Clerk to transfer the Application to the Central District to be processed as a Section 2254 petition with a filing date of August 9, 2019, the date on which the Application was delivered to prison authorities for forwarding to the Ninth Circuit. (Id.) The Ninth Circuit stated “We express no opinion as to the merits of the applicant’s claims or whether the procedural requirements . . . are satisfied.” (Id.)

According to the Application, Petitioner is challenging a March 18, 2015 conviction and sentence for second degree robbery. (See Application at 1-2.) Petitioner’s sentence was enhanced based on firearm use and a prior prison term. (See id.) Petitioner was ultimately…