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