Jones

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES CARL KELLY, Case No. 2:24-cv-02462-JDP (HC) Petitioner, ORDER v. DIRECTING THE CLERK OF COURT TO

ASSIGN A DISTRICT JUDGE TO THIS

GENA JONES, ACTION, FINDING THAT THE PETITION

DOES NOT STATE A COGNIZABLE

Respondent. CLAIM AND GRANTING LEAVE TO

AMEND

16 ECF No. 1

FINDINGS AND RECOMMENDATIONS

THAT PETITIONER’S MOTION FOR

PRELIMINARY INJUNCTION BE

DENIED

20 ECF No. 3 21 Petitioner, a state prisoner, brings this action under section 2254. ECF No. 1. It appears, however, that the claims raised therein do not attack the validity of his conviction and, instead, should be brought under section 1983. I will grant petitioner leave to amend to indicate what type of case he wants to bring. Depending on that decision, petitioner must also pay the filing fee associated with the action he wishes to pursue. The amount of the filing fee owed differs depending on…