(HC) Stephens v. Matterson ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JIMMIE EARL STEPHENS, No. 2:22-cv-00824 KJM DB P 12 Petitioner, 13 v. ORDER 14 G. MATTERSON, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus under 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge as 19 provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On December 30, 2022, the magistrate judge filed findings and recommendations, which 21 were served on petitioner and which contained notice to petitioner that any objections to the 22 findings and recommendations were to be filed within fourteenth. (ECF No. 9.) Petitioner has 23 filed objections to the findings and recommendations. (ECF No. 10.) 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 25 court has conducted a de novo review of this case. Having reviewed the file, the court finds the 26 findings and recommendations to be supported by the record and by the proper analysis. The 27 court writes separately only to note, in response to petitioner’s objections, that this court must 28 follow Nettles v. Grounds, 830 F.3d 922 (9th Cir. 2016) (en banc). Under Nettles, “the presence 1 | ofa disciplinary infraction does not compel the denial of parole, nor does an absence of an 2 | infraction compel the grant of parole. /d. at 935. For that reason, Stephens’s petition does not 3 | fall within the “core” of habeas. See id. He must bring his claims, if at all, under 42 U.S.C. 4] § 1983. Id. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed December 30, 2022 (ECF No. 9), are adopted 7 | in full; 8 2. This action is dismissed; 9 3. The Clerk of the Court is directed to close this action; and 10 4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 11 | § 2253. 12 | DATED: March 31, 2023. 13 4 CHIEF ED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28