(HC) Cuellar v. Madera Co. Sheriff

Good Law
United States District Court, Eastern District of CaliforniaNovember 21, 20241:24-cv-01398California994 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TRAVIS CUELLAR., No. 1:24-cv-01398-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATIONS

TO DISMISS PREMATURE PETITION

MADERA COUNTY SHERIFF,

15 Respondent.

17 Petitioner is a state pretrial detainee proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He filed the instant petition in this Court on November 15, 2024. Upon review of the petition, the Court finds it should abstain from interfering in ongoing state proceedings pursuant to Younger v. Harris, 401 U.S. 37 (1971), and will recommend the petition be dismissed without prejudice. I. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to…

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