Bird
(HC) Scott v. Bird
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THOMAS CHARLES SCOTT, Case No. 2:23-cv-00936-DAD-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS v. THAT RESPONDENT’S MOTION TO
DISMISS BE GRANTED
LANDON BIRD, ECF No. 15 Respondent.
OBJECTIONS DUE WITHIN FOURTEEN
DAYS 17 Petitioner Thomas Charles Scott, a state prisoner, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254, challenging his state conviction. Respondent has moved to dismiss the petition under the Younger1 abstention doctrine because petitioner’s conviction is not yet final. I recommend that respondent’s motion be granted. No habeas rule specifically applies to motions to dismiss. See Hillery v. Pulley, 533 F. Supp. 1189, 1194 (E.D. Cal. 1982) (“Motion practice in habeas corpus is not specifically provided for in the rules but must be inferred from their structure and the Advisory Committee Notes.”). The Ninth Circuit construes a motion to…