Allison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERTY KELLEY, No. 2:22-cv-00370-WBS-CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS KATHLEEN ALLISON, Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Currently pending before the court is respondent's motion to dismiss the petition on the basis that the claims for relief are not cognizable in this federal habeas action. ECF No. 10. Petitioner has filed an opposition to the motion. ECF No. 11. For the reasons that follow, the undersigned recommends granting respondent's motion to dismiss. I. Factual and Procedural History Petitioner is serving a 15 to life sentence following his conviction for first degree murder in the San Diego County Superior Court. ECF No. 1 at 1, 44. The habeas corpus application, however, challenges petitioner’s 2019 prison disciplinary violation for battery causing serious 26 …