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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PETER WIELAND, No. 2:23-cv-00257-DAD-CKD (PC) 12 Plaintiff, 13 v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, IN PART

14 GAVIN NEWSOM, et al., (Doc. No. 3) 15 Defendants. 16 17 Plaintiff Peter Wieland is a state prisoner proceeding with counsel in this action. This 18 matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and 19 Local Rule 302. 20 On February 9, 2023, plaintiff filed the operative complaint, asserting state law claims 21 against the California governor and the Solano State Prison warden and seeking immediate 22 release on parole. (Doc. No. 1.) Specifically, in his complaint, plaintiff alleges that the 23 California Board of Parole Hearings found him suitable for parole in 2021. (Id. at ¶ 1.) However, 24 the governor allegedly reversed that decision on October 8, 2021. (Id.) Plaintiff claims that the 25 governor’s decision violated the California Constitution and state law, as it failed to…