Hurtado

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RAMON HURTADO, Case No.: 3:21-cv-01386-CAB-AGS

Petitioner,

ORDER:

v. (1) CONSTRUING PETITION AS RAYMOND MADDEN, Warden,

ONE FILED PURSUANT TO

Respondent. U.S.C. § 2254; and

16 (2) NOTICE REGARDING POSSIBLE DISMISSAL OF

PETITION FOR FAILURE TO

EXHAUST STATE COURT

REMEDIES

20 Petitioner, a state prisoner proceeding pro se, has paid the $5.00 filing fee and has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1.) BASIS FOR THE PETITION Although Petitioner filed this action pursuant to § 2241, he is a state prisoner attacking the validity of a state court conviction and sentence imposed by the state of California. Therefore, Petitioner may not proceed under § 2241, but may only proceed with a habeas action in federal court under 28 U.S.C. § 2254. White v. Lambert, 370 F.3d 1002,…