Kelly
Kelly v. Custer
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JAMES CARL KELLY, Case No. 24-cv-09429-EMC Petitioner,
8 v. ORDER DISMISSING MATTER WITHOUT PREJUDICE
J. CUSTER, et al.,
10 Respondents.
12 Petitioner James Carl Kelly filed the instant action on December 26, 2024, as a habeas corpus petition. ECF No. 1. For the reasons set forth below, this action is DISMISSED without prejudice. I. DISCUSSION Petitioner is a state prisoner currently confined at Kern Valley State Prison. Petitioner seeks relief for his claims of retaliation, denial of his request to access the law library, and denial of his request for a reasonable accommodation at the prison. ECF No. 1 at 3-4. “‘Federal law opens two main avenues to relief on complaints related to imprisonment: a petition for habeas corpus, 28 U.S.C. § 2254, and a complaint under the Civil Rights Act of 1871, . . . 42 U.S.C. § 1983. Challenges to the lawfulness of confinement or to particulars affecting its duration are…