(HC) Morgan v. California Department of Corrections and Rehabilitation

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN MORGAN, Case No. 1:18-cv-01683-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT COURT DISMISS PETITION FOR

v. WRIT OF MANDATE AT SCREENING

WITHOUT PREJUDICE

CALIFORNIA DEPARTMENT OF CORRECTIONS AND ECF No. 1 REHABILITATION, Respondent. 17 Petitioner Kevin Morgan, a state prisoner without counsel, seeks a writ of mandate under California Code of Civil Procedure Sections 1085 and 1086. ECF No. 1. He argues that the California Department of Corrections and Rehabilitation (“CDCR”) denied him certain “release credits.” Id. at 2, 7. I construe his petition as a petition for a writ of habeas corpus, the exclusive means for a state prisoner to challenge the execution of his sentence in federal court. See ECF No. 3. The matter is before the court for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must…