(HC) Gibson v. State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRITTANY RENEE GIBSON, No. 2: 22-cv-0844 KJN P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

STATE OF CALIFORNIA, Respondent. 16 Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges her 2018 conviction for conspiracy to commit murder, attempted murder, assault with a firearm and a firearm sentence enhancement. (ECF No. 9 at 1.) Petitioner is serving a sentence of 25 years to life imprisonment. (Id.) Pending before the court is petitioner’s motion to stay this action pursuant to Rhines v. Weber, 544 U.S. 269 (2005). (ECF No. 13.) For the reasons stated herein, the undersigned recommends that petitioner’s motion to stay be granted. The petition raises the following claims: 1) the trial court failed to instruct the jury regarding accessory after the fact; 2) the trial court failed to instruct the jury regarding…