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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JAMES CARL KELLY, Case No. 1:24-cv-01037-KES-CDB (HC)

Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DENYING MOTION

v. FOR PRELIMINARY INJUNCTION AND

EXPEDITED PROCEEDING, DISMISSING

GAVIN NEWSOM, et al., PETITION FOR WRIT OF HABEAS CORPUS,

AND DECLINING TO ISSUE CERTIFICATE

Respondents. OF APPEALABILITY

(Docs. 1, 3, 9)

17 Petitioner James Carl Kelly (“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. Docs. 1, 5. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. The magistrate judge conducted a screening of the petition pursuant to Rule 4 of the Rules Governing § 2254 Cases and concluded that the claims do not fall within the core of habeas corpus and must be brought, if at all, in a civil…