Garza

(HC) Gallegos v. Garza

Good Law
United States District Court, Eastern District of CaliforniaSeptember 29, 20202:20-cv-01817California618 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GUSTAVO GALLEGOS, No. 2:20-cv-1817 CKD P Petitioner, v. ORDER AND GARZA, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner is a Yuba County Jail prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has paid the filing fee. Petitioner claims he was ordered to serve a sentence in the California Department of Corrections (CDCR) making him eligible to earn sentence credit for such things as working. However, because of Covid-19, plaintiff is serving his sentence in the Yuba County Jail where he is not eligible to earn credit in the same manner as he would in the CDCR. Petitioner asks that he be credited with all of the sentence credit he would have received had he been serving his sentence in the CDCR. The exhaustion of state court remedies is a prerequisite to the granting of a federal petition for writ of habeas corpus. …

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