Newsom

(HC) Kelly v. Newsom

Good Law
United States District Court, Eastern District of CaliforniaFebruary 20, 20251:25-cv-00204California908 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES CARL KELLY, No. 1:25-cv-00204-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATION

GOVERNOR GAVIN NEWSOM, et al., TO SUMMARILY DISMISS PETITION Respondents. [21-DAY OBJECTION DEADLINE] 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. §2254. He filed the instant petition on February 14, 2025. The petition does not challenge the underlying conviction; rather, it presents various claims concerning the conditions of his confinement. For this reason, the Court will recommend it be DISMISSED. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the…

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