Samuel

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL PATRICK JOLIVETTE, No. 2:23-CV-1732-KJM-DMC-P Petitioner,

FINDINGS AND RECOMMENDATIONS

v. DANNY SAMUEL, Respondent. 16 Petitioner, a prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Respondent’s motion to dismiss. See ECF No. 20. Petitioner has filed an opposition. See ECF No. 25. Respondent argues this action must be dismissed because underlying state court criminal proceedings have not yet concluded. Principles of comity and federalism require that this Court abstain and not entertain Petitioner's habeas challenge to a state court criminal conviction which is not yet final unless he shows that: (1) he has exhausted available state judicial remedies, and (2) “special circumstances” warrant federal intervention. See Carden v. Montana, 626 F.2d 82, 83-84 (9th Cir.1980); see also Younger v. Harris, 401 U.S. 37, 46 (1971); Kowalski v.…