Ruizpaz

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CARLOS RUIZPAZ, Case No. 22-cv-05973-NW

8 Petitioner,

ORDER GRANTING RESPONDENT’S

9 v. UNOPPOSED MOTION TO DISMISS

WITHOUT PREJUDICE

10 (WARDEN) SOLANO C. S. P., Re: ECF No. 28 Respondent. 11

12 13 Petitioner Carlos Ruizpaz seeks a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, 14 challenging a conviction from Santa Clara County Superior Court. Currently before the Court for 15 decision is Respondent’s motion to dismiss the petition pursuant to the doctrine of abstention, see 16 Younger v. Harris, 401 U.S. 37 (1971), on the basis that Ruizpaz’s criminal case is currently 17 pending in the California Supreme Court. ECF No. 28. Ruizpaz, who does not dispute that his 18 criminal case is still pending in the California Supreme Court, filed a statement of non-opposition 19 to the motion to dismiss and requests that the Court dismiss the petition without prejudice on 20 March 24, 2025. ECF No. 31. For the reasons outlined below, the Court GRANTS the motion to 21 …