Pratt

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FERMIN PEREZ-ROBLES, No. 2:23-cv-03044 DJC SCR P Petitioner, v. FINDINGS & RECOMMENDATIONS GLEN PRATT, Respondent.

17 Petitioner, a state prisoner proceeding through counsel, filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. (ECF No. 1.) The petition was filed on December 29, 2023, and petitioner noted therein he was still awaiting resentencing by the superior court on the convictions at issue, as ordered by the state appellate court on appeal. (Id. at 4.) The petition asserts the resentencing will not affect the convictions or the federal constitutional arguments presented in the petition. (Id.) Respondent moved to dismiss the petition, arguing the court should abstain from proceeding under Younger v. Harris, 401 U.S. 37, 43-54 (1971). (ECF No. 10.) Petitioner did not oppose the motion to dismiss, stating “[p]etitioner has no objection to respondent’s motion to dismiss, provided that the…