(HC) Henderson v. St. Andre

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DERRICK O’NEAL HENDERSON, No. 2:23-cv-0653 CKD P Petitioner, v. ORDER R. ST. ANDRE, Respondent. 16 Petitioner is a California prisoner proceeding pro se with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Both parties have consented to having all matters in this action before a United States Magistrate Judge. See 28 U.S.C. § 636(c). On September 11, 2019, petitioner was convicted of two counts of assault with a semi- automatic handgun, one count of flight with disregard for the safety of others, one count of felon in possession of a firearm, one count of felon in possession of a handgun and one count of threatening great bodily injury. On November 13, 2019, petitioner was ordered to serve 23 years in prison. ECF No. 16-1. Petitioner appealed which resulted in a remand for resentencing. ECF No. 16-2. A resentencing hearing was held, and review of California Court of Appeal for the Third Appellate 27 …