Gastelo

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 DARRELL EUGENE JOHNSON, Case No. 20-cv-01595-WHO (PR)

Petitioner,

ORDER DISMISSING PETITION

v. WITH LEAVE TO AMEND

JOSIE GASTELO, Respondent. Dkt. Nos. 2 and

16 INTRODUCTION Petitioner Darrell Eugene Johnson seeks federal habeas relief under 28 U.S.C. § 2254 after the state courts denied his request for early parole consideration under Proposition 57, which provides such consideration for persons convicted of non-violent felonies. However, Johnson is statutorily ineligible under Proposition 57 because his commitment offense of robbery is considered a violent felony. Because Johnson is ineligible for early parole consideration, he never had a due process liberty interest that the state denied. On such a record, no federal habeas claim has been stated. If Johnson believes he can overcome this barrier to federal habeas relief, he may file an amended petition on or before September 1,…