Gilbert v. California Department of CDCR

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 CHARLES TRAYZON GILBERT, Case No.: 21-CV-859 JLS (DEB) Petitioner,

ORDER (1) ADOPTING REPORT

v. AND RECOMMENDATION ON

PETITION FOR WRIT OF HABEAS

CORPUS; (2) GRANTING

MARCUS POLLARD, Warden, RESPONDENT’S MOTION TO Respondent. DISMISS; (3) DENYING FIRST

AMENDED PETITION FOR WRIT

OF HABEAS CORPUS; AND (4) DENYING CERTIFICATE OF

APPEALABILITY

19 (ECF Nos. 4, 6, 10) 20 21 Presently before the Court is Petitioner Charles Trayzon Gilbert’s First Amended Petition for Writ of Habeas Corpus (“FAP,” ECF No. 4), as well as Respondent Marcus Pollard, Warden’s, Motion to Dismiss the Amended Petition for Writ of Habeas Corpus (“MTD,” ECF No. 6) and Petitioner’s Traverse thereto (ECF No. 7). Magistrate Judge Daniel E. Butcher has issued a Report and Recommendation advising the Court to grant Respondent’s MTD and enter judgment in favor of Respondent (“R&R,” ECF…