(HC) Gibbs v. Shasta County Superior Court

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT A. GIBBS, No. 2:23-cv-0424 DAD CKD P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 SHASTA COUNTY SUPERIOR

COURT,1

15 Respondent. 16

17 18 Petitioner is proceeding with a writ of habeas corpus under 28 U.S.C. § 2254. This action 19 proceeds on the amended petition filed October 16, 2023. 20 Petitioner challenges Shasta County convictions and sentences for two counts of criminal 21 threats and one count of child abuse entered November 21, 2018. Petitioner was sentenced to six 22 years in prison for child abuse and concurrent sixteen-month sentences for each count of criminal 23 threats. ECF No. 16-1 at 12. Petitioner spent no time in prison post-sentencing in light of credit 24 awarded for time served. ECF No. 16-2 at 2. Petitioner was placed on parole and was discharged 25

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…