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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JESSE A. SERPA, Case No. 2:25-cv-0788-JDP (P) Petitioner, v. ORDER UNKNOWN, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this action under 28 U.S.C. § 2254. ECF No. 1. He also moves to proceed in forma pauperis. ECF No. 6. I will give petitioner leave to amend his petition because it appears that the claims raised therein do not attack the validity of his conviction and, instead, should be brought under 42 U.S.C. § 1983. Petitioner should indicate what type of case he wants to bring should he choose to amend his petition. I will also reserve ruling on his motion to proceed in forma pauperis until petitioner determines what sort of action he intends to proceed on. The petition is before me for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must examine the habeas petition and order a response to the…