(HC) Gibbs v. Shasta County Superior Court

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT A. GIBBS, No. 2:23-cv-00424-DAD-CKD (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

SHASTA COUNTY SUPERIOR COURT, HABEAS PETITION Respondent. (Doc. Nos. 14, 19) 16 17 Petitioner Robert A. Gibbs is a former county jail inmate proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On April 30, 2024, the assigned magistrate judge issued findings and recommendations recommending that respondent’s motion to dismiss (Doc. No. 14) be granted due to petitioner’s release from custody in 2018 and dischargement from parole in 2020. (Doc. No. 19 at 1–2.) As the magistrate judge noted, the purpose of the writ of habeas corpus is to remedy improper custody, meaning that the court cannot entertain petitioner’s original or amended…