Gipson

Gipson v. Gastelo

Good Law
United States District Court, Northern District of CaliforniaMay 13, 20213:20-cv-05861California1,232 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GERALD A. GIPSON, Case No. 20-cv-05861-SI

Petitioner,

ORDER OF DISMISSAL

v. Re: Dkt. No. 18 JOSEPHINE GASTELO, Respondent.

12 Gerald A. Gipson, a California state prisoner, filed this pro se action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 to challenge his conviction from the Alameda County Superior Court. Respondent now moves to dismiss the petition as barred by the Younger doctrine because Gipson is awaiting resentencing. For the reasons stated below, the court GRANTS respondent’s motion and dismisses the action. 18 BACKGROUND Gipson was convicted in Alameda County Superior Court of first degree murder, robbery, and being a felon in possession of a firearm. The jury also found true several sentence enhancement allegations. On March 3, 2017, he was sentenced to a total of 108 years, four months to life in prison. Docket No, 1 at 1. Gipson appealed. The California Court of Appeal…

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