Horn

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL GADDY, Case No. 1:25-cv-0490 JLT SKO (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING THE

v. PETITION WRIT OF HABEAS CORPUS,

AND DIRECTING CLERK OF COURT TO

ENTER JUDGMENT AND CLOSE CASE

P. HORN, (Doc. 5) Respondent. ORDER DECLINING TO ISSUE

CERTIFICATE OF APPEALABILITY

17 Michael Gaddy 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, asserting that has not yet received a parole suitability hearing pursuant to California law, in violation of his due process rights. (See generally Doc. 1.) The magistrate judge performed a preliminary review of the petition pursuant to Rule 4 of the Rules Governing Section 2254 Cases and found Petitioner’s “claim does not sound in habeas and is clearly frivolous.” (Doc. 5 at 2.) The magistrate judge observed,…