Bates v. The People of the State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 GILBERT JOSEPH BATES, Case No.: 18cv1563 MMA (AHG)
Petitioner,
ORDER:
v. (1) DENYING FIRST AMENDED DANIEL A. PARAMO,
PETITION FOR A WRIT OF
Respondent. HABEAS CORPUS [ECF No. 5]
16 (2) DENYING REQUEST FOR EVIDENTIARY HEARING, AND
18 (3) DENYING A CERTIFICATE OF APPEALABILITY
20 Gilbert Joseph Bates (“Petitioner”) is a state prisoner proceeding pro se and in forma pauperis with a First Amended Petition (“FAP”) for a Writ of Habeas Corpus filed under 28 U.S.C. § 2254. (ECF No. 5.) Petitioner claims he is in custody in violation of the federal constitution arising from the denial of his Proposition 36 resentencing petition with respect to his 2006 sentence imposed following his conviction in San Diego Superior Court case number SCD192318. (Id. at 1-2.) On June 23, 2006, Petitioner was sentenced to a stipulated sentence of 25 years to life in state prison…