(HC) Khademi v. Placer County Sheriff

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVOOD KHADEMI, No. 2:23-cv-2122 CKD P 12 Petitioner, 13 v. ORDER 14 PLACER COUNTY SHERIFF, 15 Respondent. 16 17 18 Petitioner, a Placer County Jail inmate, proceeds pro se and in forma pauperis with a 19 petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The parties consented to the 20 jurisdiction of a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c)(1). (ECF No. 12.) 21 Respondent’s fully briefed motion to dismiss is before the court. As discussed below, 22 respondent’s motion to dismiss is granted. 23 Governing Standards 24 Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a 25 petition if it “plainly appears from the face of the petition and any exhibits annexed to it that the 26 petitioner is not entitled to relief in the district court. . . .” Id. The Court of Appeals for the Ninth 27 Circuit has referred to a respondent’s motion to dismiss as a request for the court to dismiss…