(HC) Barnes v. Stone

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTOINE DESHAWN BARNES, No. 2:25-cv-0560 CKD P Petitioner, v. ORDER AND E. STONE, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner, an Amador County Jail prisoner proceeding pro se, has filed a third amended petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Under Rule 4 of the Rules Governing Section 2254 Cases, the court must review all petitions for writ of habeas corpus and summarily dismiss any petition if it is plain that the petitioner is not entitled to relief. Petitioner challenges ongoing Amador County criminal proceedings. Federal courts cannot interfere with pending state criminal proceedings, absent extraordinary circumstances which create a threat of irreparable injury. Younger v. Harris, 401 U.S. 37, 45-46 (1971). Irreparable injury does not exist in such situations if the threat to plaintiff’s federally protected rights may be eliminated by his defense of the…