(HC) Khademi v. The People of the State of CA, No. 2:2023cv00280 - Document 8 (E.D. Cal. 2023)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/23/2023 DIRECTING the Clerk of the Court to assign a district judge to this case and RECOMMENDING that this action be dismissed without prejudice. Senior Judge W illiam B. Shubb and Magistrate Judge Kendall J. Newman assigned for all further proceedings. Referred to Senior Judge William B. Shubb. Objections due within 14 days after being served with these findings and recommendations. New Case Number: 2:23-cv-0280-WBS-KJN (HC). (Huang, H)

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(HC) Khademi v. The People of the State of CA Doc. 8 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVOOD KHADEMI, 12 13 14 15 16 No. 2:23-cv-0280 KJN P Petitioner, v. ORDER AND FINDINGS & RECOMMENDATIONS NORTH KERN STATE PRISON and SALINAS VALLEY STATE PRISON, Respondents. 17 18 By order filed February 7, 2023, petitioner’s § 2255 motion was dismissed and thirty days 19 leave to file an amended petition for writ of habeas corpus was granted. Subsequently, petitioner 20 filed a motion to stay, but failed to file a petition. On April 11, 2023, petitioner was granted 21 another thirty days in which to file a petition and was provided the standards for seeking a stay 22 pending exhaustion of state court remedies. Thirty days from that date have now passed, and 23 petitioner has not filed a petition that complies with the February 7, 2023, or April 11, 2023 24 orders, or otherwise responded to the April 11, 2023 order. 25 26 27 28 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this case; and IT IS RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, plaintiff may file written objections 4 with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 6 failure to file objections within the specified time may waive the right to appeal the District 7 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 Dated: May 23, 2023 9 10 11 /khad0280.fta 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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