James Carl Kelly v. Governor Gavin Newsom, et al.

Summary

The U.S. District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations and dismissed James Carl Kelly’s § 2254 habeas petition with prejudice. The court held that Kelly’s allegations concerning denial of reasonable accommodations for law-library use were civil-rights claims not cognizable in habeas, directed the Clerk to provide § 1983 forms and close the case, and declined to issue a certificate of appealability.

Holdings

1. Claims alleging the wrongful denial of reasonable accommodations for law-library use, without challenging the petitioner's conviction or the validity of his custody, are civil-rights claims and are not cognizable in a federal habeas action under 28 U.S.C. § 2254.
2. A certificate of appealability should not issue because the petitioner failed to make a substantial showing of the denial of a constitutional right, and reasonable jurists would not debate the dismissal of the petition.

Questions Presented

1. Whether allegations concerning the denial of reasonable accommodations for law-library use are cognizable in a federal habeas petition under 28 U.S.C. § 2254.
2. Whether a certificate of appealability should issue after dismissal of the habeas petition.

Disposition

dismissed