Unknown

(HC) Khademi v. Unknown

Good Law
United States District Court, Eastern District of CaliforniaMay 30, 20252:25-cv-01257California855 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVOOD KHADEMI, No. 2:25-cv-1257 CSK P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

UNKNOWN, Respondent. 16 Petitioner, a former county prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 together with a request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Petitioner has submitted a declaration that makes the showing required by § 1915(a). Accordingly, the request to proceed in forma pauperis will be granted. 28 U.S.C. § 1915(a). Petitioner names his defense counsel, Paul Comiskey, as respondent. The proper respondent to a habeas corpus petition is the person who has custody of petitioner. See 28 U.S.C. § 2243 (“The writ, or order to show cause shall be directed to the person having custody of the person detained.”). Therefore, Paul Comiskey is not the proper respondent. At the time petitioner filed this action, petitioner…

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