Warden

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AHMAD RASHA FULLER, No. 2:25-cv-0781-DC-CKD P 12 Petitioner, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 WARDEN, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se and in forma pauperis, filed a second 18 amended petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. (ECF No. 10.) As 19 petitioner may be entitled to relief if the claimed violation of constitutional rights is proved, 20 respondent will be directed to file a response to petitioner’s habeas petition. 21 Petitioner’s motion titled “Motion for Emergency Stay and Release Pending Habeas 22 Review” (ECF No. 2) is also before the court. Petitioner states the motion is brought under 28 23 U.S.C. § 2251. The motion asserts without supporting facts or evidence that petitioner is likely to 24 succeed on the merits and is suffering irreparable harm from imprisonment. (Id. at 2.) Petitioner 25 also states the balance of hardships and public interest both support relief.…