(HC) Gibbs v. Shasta County Superior Court

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT ALAN GIBBS, No. 2:21-cv-0027 WBS CKD P Petitioner, v. ORDER AND SHASTA COUNTY SUPERIOR COURT, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On February 23, 2021, the court recommended that this action be dismissed for plaintiff’s failure to pay the filing fee for this action or submit a request to proceed in forma pauperis. As petitioner has now paid the filing fee, the court’s recommendation will be vacated. Under Rule 4 of the Rules Governing Section 2254 Cases, the court must review all petitions for writ of habeas corpus and summarily dismiss any petition if it is plain that the petitioner is not entitled to relief. The court has conducted that review. The exhaustion of state court remedies is a prerequisite to the granting of a petition for writ of habeas corpus. 28 U.S.C. § 2254(b)(1). A petitioner satisfies…