(HC) Johnson v. St. Andle

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARCUS D. JOHNSON, No. 2:22-cv-1412 TLN AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS ST. ANDRE, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an amended petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. Background Petitioner challenges 2020 convictions for robbery that included a ten-year gun enhancement, though he does not identify the court in which the conviction took place. ECF No. 9 at 1. He appears to argue that the gun enhancement should have been stricken under amendments made to the California Penal Code under Senate Bill (SB) 620 and SB 1893, and that his crime did not constitute a serious felony. Id. at 4-5. II. Discussion Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts (Habeas Rules) requires the court to summarily dismiss a habeas petition, “[i]f it plainly appears from the petition and any…