Santoro

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVOOD KHADEMI, No. 2:21-cv-0902 WBS KJN P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

KELLY SANTORO, Warden, Respondent.1 16 I. Introduction Petitioner is a state prisoner, proceeding through counsel, with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This proceeding was referred to this court by Local Rule 302 under 28 U.S.C. § 636(b)(1). Respondent moves to dismiss this action as premature because petitioner’s direct appeal is pending in the California Court of Appeal. Petitioner opposes the motion. For the reasons stated below, respondent’s motion should be granted, petitioner’s subsequently-filed motions should be denied, and this action should be dismissed without prejudice. ////

The current Warden of North Kern State Prison, where petitioner is presently housed, is substituted as respondent in this matter. Fed. R. Civ. P. 25(d); see Brittingham v. United States, 28 …