Kelly

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 RUSSELL J. KELLY, Case No. 24-cv-01233-BAS-AHG

Petitioner,

ORDER GRANTING MOTION

v. TO DISMISS PETITION FOR

WRIT OF HABEAS CORPUS

SECRETARY OF THE CDCR, et al.,

AND DENYING A CERTIFICATE

Respondents. OF APPEALABILITY (ECF No. 9) 15 16

Before the Court is a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (“Petition”), filed by state prisoner Russell J. Kelly (“Petitioner”). (ECF No. 1.) Petitioner claims the refusal to provide him with a parole hearing violated his rights under the Fifth, Eighth, and Fourteenth Amendments. (Id. at 10–23.) Respondent James Hill (“Respondent”), warden at the Richard J. Donovan Correctional Facility,1 has filed a Motion to Dismiss and a Notice of Lodgment of the state record. (ECF Nos. 9, 10.) Respondent contends Petitioner’s claims are untimely and not cognizable under federal 25 1 Petitioner erroneously lists the California Department of Corrections…