(HC) Gibbs v. Shasta County Superior Court

Good Law
United States District Court, Eastern District of CaliforniaApril 30, 20242:23-cv-00424California740 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT A. GIBBS, No. 2:23-cv-0424 DAD CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS SHASTA COUNTY SUPERIOR

COURT,

15 Respondent.

17 Petitioner is proceeding with a writ of habeas corpus under 28 U.S.C. § 2254. This action proceeds on the amended petition filed October 16, 2023. Petitioner challenges Shasta County convictions and sentences for two counts of criminal threats and one count of child abuse entered November 21, 2018. Petitioner was sentenced to six years in prison for child abuse and concurrent sixteen-month sentences for each count of criminal threats. ECF No. 16-1 at 12. Petitioner spent no time in prison post-sentencing in light of credit awarded for time served. ECF No. 16-2 at 2. Petitioner was placed on parole and was discharged

1 The court notes that counsel for respondent asks that the respondent in this action be changed to 26 Derrick Carraway, a parole administrator. Under Rule 2 of the Rules…

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