Phillips

DISCUSSION

I. Preliminary Review of Petition

25 Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a 26 petition if it “plainly appears from the petition and any attached exhibits that the petitioner is not 27 entitled to relief in the district court . . . .” Rule 4 of the Rules Governing Section 2254 Cases. 28 The Advisory Committee Notes to Rule 8 indicate that the court may dismiss a petition for writ of habeas corpus, either on its own motion under Rule 4, pursuant to the respondent’s motion to dismiss, or after an answer to the petition has been filed. Herbst v. Cook, 260 F.3d 1039 (9th Cir. 2001). II. Abstention Petitioner was convicted in the Kern County Superior Court on December 8, 2022, of multiple sex offenses involving a minor. (Doc. 12-1 at 1-5.) He appealed to the California Court of Appeals. On January 29, 2024, the appellate court affirmed the judgment. (Doc. 12-2.) Petitioner petitioned for review in the California Supreme Court, and review was denied on April 10, 2024. (Doc. 12-3, 12-4.) Petitioner filed the instant petition on May 6, 2024. (Doc. 1.) It is premature for…