Kernan

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN RAY SCHRUBB, Case No. 1:18-cv-01195-JDP Petitioner, ORDER DISMISSING PETITION FOR LACK

OF JURISDICTION

v. ECF No. 1 SCOTT KERNAN,

Respondent. 16 Petitioner Kevin Ray Schrubb, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. The parties have consented to the jurisdiction of a magistrate judge. ECF No. 9, 10. Petitioner raises two claims: (1) ineffective assistance of counsel during his post-conviction Proposition 47 hearing, and (2) ineffective assistance of appellate counsel. The petition will be dismissed for lack of jurisdiction because success in petitioner’s Proposition 47 proceedings would not necessarily have led to his immediate or accelerated release. 24 25

1 Upon consent of the parties, magistrate judges in the Eastern District are “specially designated to conduct any and all proceedings in any civil action . . . and to order the entry of final judgments.” E.D.…