(HC) Khademi v. Placer County Sheriff

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVOOD KHADEMI, No. 2:23-cv-2122 CKD P Petitioner, v. ORDER PLACER COUNTY SHERIFF, Respondent. 16 17 Petitioner, a Placer County Jail inmate, proceeds pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The parties consented to the jurisdiction of a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c)(1). (ECF No. 12.) Respondent’s fully briefed motion to dismiss is before the court. As discussed below, respondent’s motion to dismiss is granted. Governing Standards Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it “plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief in the district court. . . .” Id. The Court of Appeals for the Ninth Circuit has referred to a respondent’s motion to dismiss as a request for the court to dismiss…