(HC) Khademi v. People of the State of CA

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVOOD KHADEMI, No. 2:23-cv-0280 KJN P Petitioner, v. ORDER NORTH KERN STATE PRISON and

SALINAS VALLEY STATE PRISON,

15 Respondent.

17 Petitioner, a former California state prisoner proceeding pro se, filed a “Motion Under § 2255 to Vacate, Set Aside, or Correct a Sentence by a Person in Federal Custody,” on a form from the United States District Court for the Eastern District of Wisconsin. (ECF No. 1.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 27, 2023, petitioner was granted leave to proceed in forma pauperis and his putative § 2255 motion was dismissed with leave to file a petition for writ of habeas corpus under 28 U.S.C. § 2254. (ECF No. 4.) In response, petitioner filed a motion to stay. As discussed below, petitioner must file an amended petition that complies with the February 27, 2023 order and, if he seeks a stay, he must advise the…