1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFREY CHARLES WREN, No. 2:25-cv-0589-DC-CKD P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 ON HABEAS CORPUS, 15 Respondent. 16 17 Petitioner Jeffrey Wren, a state prisoner, filed a form document for a “Motion under 28 18 U.S.C. § 2255” on February 14, 2025, which the court construed as an application for writ of 19 habeas corpus under

. (ECF No. 1.) In an order filed on February 25, 2025, the 20 court ordered petitioner to submit an affidavit in support of a request to proceed in forma pauperis 21 or the appropriate filing fee for an application for writ of habeas corpus brought under § 2254. 22 Petitioner was cautioned that failure to do so would result in a recommendation that this action be 23 dismissed. The thirty-day period to do so has expired and petitioner has not paid the filing fee or 24 filed an application to proceed in forma pauperis. 25 On March 6, 2025, petitioner filed a letter to the undersigned magistrate judge stating he 26 filed this case under

rather than

, does not intend to pay the 27 filing fee; he appears to request that this case be closed. (See ECF No. 5 at 1 (“Cancel Terminate 28 2:25-cv-00589 CKD I aint 2254”).) On March 12, 2025, petitioner filed another letter to the 1 || undersigned magistrate judge stating he filed this case under

and does not 2 || intend to bring an action under

. (ECF No. 7 at 1-2.) 3 By its express terms, however,

applies to prisoners in federal custody. 4 | See

(a) (setting forth the circumstances under which “a prisoner in custody 5 || under sentence of a court established by Act of Congress... may move the court which imposed 6 || the sentence to vacate, set aside or correct the sentence”). Section 2255 does not apply to 7 || prisoners like petitioner who are confined in state prison. See

8 In light of petitioner’s request to terminate the case opened under

, and 9 || failure to pay the filing fee or request leave to proceed in forma pauperis, the undersigned will 10 || recommend this action be dismissed without prejudice. 1] In accordance with the above, IT IS RECOMMENDED as follows: 12 1. This action be dismissed without prejudice. 13 2. Petitioner’s pending motions (ECF Nos. 5, 7) be denied as moot. 14 3. The Clerk of Court be directed to close this case. 15 These findings and recommendations will be submitted to the United States District Judge 16 || assigned to the case, pursuant to the provisions of

(b)(1). Within fourteen days 17 || after being served with these findings and recommendations, petitioner may file written 18 || objections with the court. In any objections, petitioner may address whether a certificate of 19 || appealability should issue in the event he files an appeal of the judgment in this case. See Rule 20 | 11, Federal Rules Governing Section 2254 Cases (the district court must issue or deny a 21 || certificate of appealability when it enters a final order adverse to the applicant). Petitioner is 22 || advised that failure to file objections within the specified time may waive the right to appeal the 23 || District Court’s order. Martinez v. YIst,

(9th Cir. 1991). 24 | Dated: March 26, 2025 / □□ I / dle ae 25 | oswmn CAROLYNK. DELANEY 2% UNITED STATES MAGISTRATE JUDGE 27 28