(HC) Johnson v. St. Andle

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 MARCUS D. JOHNSON, No. 2:22-cv-1412 TLN AC P Petitioner, v. ORDER ST. ANDRE, Respondent. 15 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). The petition alleges that petitioner is “under an unlawful sentence, i.e. illegitimate ‘plea bargain.’” ECF No. 1 at 5. As best the court can discern from the petition, petitioner is alleging that his sentence is unlawful because the judge failed to order a sentencing investigation or exercise its discretion to strike some of his prior offenses, which resulted in plaintiff receiving sentencing enhancements. Id. at 11, 19-40. He…