Lemon

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID KHOURNY PECH, No. 2:23-CV-1853-DJC-DMC-P 12 Petitioner, ORDER 13 v. And 14 TRISTAN LEMON, FINDINGS AND RECOMMENDATIONS 15 Respondent. 16 17 Petitioner, a state prisoner proceeding with retained counsel, brings this petition 18 for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is Petitioner’s 19 motion to file an amended petitioner for writ of habeas corpus. See ECF No. 19. Respondent filed 20 an opposition. See ECF No. 22. Also before the Court is a statement filed by Petitioner’s counsel, 21 Mr. Spolin, informing the Court that he was disbarred and therefore seeks to formally withdraw 22 as counsel. See ECF No. 24. 23 24 I. PROCEDURAL HISTORY 25 Petitioner filed the petition for writ of habeas corpus on August 29, 2023, and on 26 the same day filed a motion to stay the action. See ECF Nos. 1 and 2. In the petition, Petitioner 27 states that he raised the…