Brandon Bibbs v. Sandra Hutchens
Opinion
Trial Court Opinion
I.
INTRODUCTION
On May 9, 2020, Petitioner Brandon Leon Bibbs (“Petitioner”) constructively filed1 a Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254 (“Section 2254”) challenging Petitioner’s 2016 convictions for armed robbery (“Petition”). ECF Docket No. (“Dkt.”) 1, Pet. The Petition appears subject to dismissal, however, because Petitioner is not currently in custody on the 2016 convictions. The Court will provide Petitioner an opportunity to address this issue before making a final determination regarding whether the Petition should be dismissed.
II.
BACKGROUND
A. STATE COURT PROCEEDINGS
On April 19, 2016, Petitioner pled guilty to two counts of robbery with a firearm in violation of section 211 of the California Penal Code in case number 14WF0245. Pet. at 2. Petitioner was
1 Under the “mailbox rule,” when a pro se prisoner gives prison authorities a pleading to mail to court, the court deems the pleading constructively “filed” on the date it is signed. Roberts v. Marshall, 627 F.3d 768, 770 n.1 (9th Cir. 2010) (citation omitted). sentenced to three years in prison on count one and one year in prison on count two. Id. …