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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRIAN ANDREW SMITH, Case No. 1:23-cv-00480-ADA-HBK (HC) Petitioner, FINDINGS AND RECOMMENDATIONS TO

GRANT PETITIONER’S MOTION TO

v. WITHDRAW PETITION1 TRENT ALLEN, FOURTEEN-DAY OBJECTION PERIOD Respondent. (Doc. No. 22) 16 17 18 19 On August 2, 2023, Petitioner Brian Andrew Smith filed a “Motion to Withdraw Plea/Petition.” (Doc. No. 22). In his one-page, one-line motion, Petitioner states he “would like to withdraw [his] petition without prejudice and bias due to he has new counsel/attorney as [he is] not a[n] attorney.” (Id.). Respondent has not filed a response to the motion, and the deadline for doing so has passed. Local Rule 230(l) (affording 21 days to the responding party to file an opposition or statement on non-opposition where a party is incarcerated). For the reasons set forth more fully below, the undersigned recommends granting Petitioner’s motion to withdraw 27 1 This matter was…