Gilbert v. California Department of CDCR

I. INTRODUCTION

20 On May 3, 2021, Petitioner Charles Trayzon Gilbert filed a Petition for a Writ of 21 Habeas Corpus pursuant to 28 U.S.C. § 2254. Dkt. No. 1. The First Amended Petition 22 (“FAP”) challenges the California Department of Corrections Board of Parole Hearings’ 23 (“Parole Board”) denial of Gilbert’s Petition to Advance Parole. Dkt. No. 4. On 24 July 23, 2021, Respondent Marcus Pollard filed a Motion to Dismiss the FAP because: 25 (1) “its resolution would not necessarily reduce the duration of [Gilbert’s] prison 26 27 1 When referencing page numbers for documents filed with the Court, the Court’s citation 28 sentence”; and (2) Gilbert “fails to explain how his federal rights have been violated.” Dkt. No. 6-1 at 3, 4. Upon consideration of the pleadings and all supporting documents, the Court recommends entering judgment in favor of Respondent. II. FACTUAL AND PROCEDURAL BACKGROUND In 1997, a jury found Gilbert guilty of aggravated mayhem, robbery, and two counts of attempted murder. See Dkt. No. 7 at 23. Gilbert was sentenced to thirty-three years to life in state prison. Dkt. No. 4 at 1. 9 …