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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 Kevin Tyrone FLEMINGS, Case No.: 19-cv-0944-JAH-AGS Petitioner, REPORT AND RECOMMENDATION

TO GRANT THE WARDEN’S

v. MOTION TO DISMISS (ECF No. 15) COVELLO, Warden, Respondent. 16 The purpose of a federal habeas corpus petition is to secure a prisoner’s early release from illegal confinement. If success on a prisoner’s claim won’t “necessarily spell speedier release,” it cannot be brought by habeas petition. Wilkinson v. Dotson, 544 U.S. 74, 82 (2005). In this habeas case, the inmate demands swifter parole consideration, which will not guarantee a shorter prison stay. Because success will not “necessarily spell speedier release,” his case should be dismissed. BACKGROUND Since 1998, petitioner Kevin Flemings has been serving a state-prison sentence of 280 years to life. (ECF No. 9, at 1-2; see ECF No. 15-2, at 2.) In 2016, California voters passed Proposition 57, which made certain nonviolent offenders…