(HC) Khademi v. People of the State of CA ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVOOD KHADEMI, No. 2:23-cv-0280 KJN P 12 Petitioner, 13 v. ORDER AND FINDINGS & RECOMMENDATIONS 14 NORTH KERN STATE PRISON and SALINAS VALLEY STATE PRISON, 15 Respondents. 16 17 18 By order filed February 7, 2023, petitioner’s § 2255 motion was dismissed and thirty days 19 leave to file an amended petition for writ of habeas corpus was granted. Subsequently, petitioner 20 filed a motion to stay, but failed to file a petition. On April 11, 2023, petitioner was granted 21 another thirty days in which to file a petition and was provided the standards for seeking a stay 22 pending exhaustion of state court remedies. Thirty days from that date have now passed, and 23 petitioner has not filed a petition that complies with the February 7, 2023, or April 11, 2023 24 orders, or otherwise responded to the April 11, 2023 order. 25 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is 26 directed to assign a district judge to this case; and 27 IT IS RECOMMENDED that this action be dismissed without prejudice. See Local Rule 28 110; Fed. R. Civ. P. 41(b). ] These findings and recommendations are submitted to the United States District Judge 2 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 3 || after being served with these findings and recommendations, plaintiff may file written objections 4 || with the court and serve a copy on all parties. Such a document should be captioned 5 || “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 6 || failure to file objections within the specified time may waive the right to appeal the District 7 || Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 8 | Dated: May 23, 2023 Foci) Aharon 10 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 11 |] anadozso.ta 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28