Neuschmid

(HC) Givens v. Neuschmid

Good Law
United States District Court, Eastern District of CaliforniaFebruary 28, 20222:17-cv-00328California2,482 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANCOIS P. GIVENS, No. 2:17-cv-0328 KJM CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS ROBERT NEUSCHMID, Respondent. 16 I. Background Petitioner is a California prisoner proceeding pro se with a petition for writ of habeas corpus under 28 U.S.C. § 2254. Petitioner raised 12 claims in his operative amended petition for writ of habeas corpus. ECF No. 7. Claims 1-11 have been dismissed as time-barred. ECF No. 55. On November 16, 2020, this court found as follows with respect to plaintiff’s 12th claim: On direct appeal, appellate counsel argued that petitioner was entitled to 356 days good conduct sentence credit instead of the 53 days identified by the trial court. Appellate counsel also argued that a “booking fee” identified in the abstract of judgment should be reduced by $1.00. Error was admitted by The People of the State of California, and relief was granted. Petitioner…

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