Kelly

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 LAMAR KELLY, Case No. 24-cv-00871-JSC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

KEVIN HIXON, Re: Dkt. No. 9 Defendant.

INTRODUCTION Petitioner, a prisoner of the State of California proceeding without the assistance of an attorney, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging the denial of his state court habeas petition in which he sought to vacate his firearms enhancement under California Senate Bill 620 (“SB 620”). (ECF No. 1.) After screening the petition, the Court found, when liberally construed, it stated a claim capable of judicial determination for the violation of his right to due process. (ECF No. 8.) Respondent has filed a motion to dismiss, Petitioner filed an opposition, and Respondent filed a reply. (ECF Nos. 9-11.) After consideration of these papers and the state court records, for the reasons discussed below, the Court…