(HC) Ghafur v. The People of the State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 KHADIJAH GHAFUR, Case No. 1:20-cv-01123-NONE-JDP Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

v. PETITION AND DIRECTING THE CLERK

OF COURT TO CLOSE CASE

THE PEOPLE OF THE STATE OF CALIFORNIA, (Doc. No. 6) 13 Respondent.

15 16 Petitioner Khadijah Ghafur is a former state prisoner proceeding in propria persona with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. No. 1.) In her petition, petitioner alleges Brady violations during litigation of her case, as well as the discovery of new evidence since her release from custody. (Id.) On August 25, 2020, the assigned magistrate judge issued findings and recommendations to dismiss the petition. (Doc. No. 6.) The magistrate judge based that recommendation on the fact that petitioner was not in custody at the time of the filing of her petition; thus, habeas corpus relief under 28 U.S.C. § 2254 was not available to her. 24 …