1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JONATHAN TUCKER, No. 1:25-cv-01319-SKO (HC) 12 Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

13 v. FINDINGS AND RECOMMENDATION 14 TO DISMISS PREMATURE PETITION

15 C. PIERCE, Warden, [TWENTY-ONE DAY OBJECTION

DEADLINE]

16 Respondent. 17 18 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for 19 writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner filed the instant habeas petition on 20 October 6, 2025, challenging his 2024 conviction in Fresno County Superior Court. After 21 conducting a preliminary review, the Court finds that it should abstain from interfering in ongoing 22 state court proceedings, and the petition should be dismissed. 23 DISCUSSION 24 A. 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 1 habeas corpus, either on its own motion under Rule 4, pursuant to the respondent’s motion to 2 dismiss, or after an answer to the petition has been filed. Herbst v. Cook, 260 F.3d 1039 (9th Cir. 3 2001). 4 B. Background 5 Petitioner challenges a 2024 conviction from Fresno County Superior Court. Petitioner 6 indicates he has attempted to pursue relief in the state courts, but he has had no contact with his 7 lawyer. 8 According to the California Courts’ online appeals court case information database, 9 Petitioner’s appeal to the Fifth District Court of Appeal is currently pending. The most recent 10 entry on the docket shows that a letter was sent to Petitioner on October 7, 2025, stating the 11 following:

12 Dear Appellant: Appellant's opening brief was due for filing on 10/06/25 but has yet to be filed as 13 counsel has not been appointed in the matter. You have already completed an application for appointment of counsel, and the Central California Appellate 14 Program (CCAP) is in the process of providing a recommendation of counsel for your appeal. Briefing is stayed pending appointment of counsel. This court will 15 likely issue an order appointing appellate counsel and reinstating briefing once counsel is appointed. You do not need to take any action at this time. 16 17 See California Courts Appellate Case Information, 18 https://appellatecases.courtinfo.ca.gov/search.cfm?dist=5 (entering Petitioner’s name in “Search 19 by Party”) (last visited Oct. 8, 2025). 20 Thus, Petitioner’s appeal is currently pending before the Fifth District Court of Appeal, 21 and the court is attempting to locate an attorney to represent Petitioner. 22 C. Younger Abstention 23 Under principles of comity and federalism, a federal court should not interfere with 24 ongoing state criminal proceedings by granting injunctive or declaratory relief except under 25 special circumstances. Younger v. Harris, 401 U.S. 37, 43-54 (1971). Younger abstention is 26 required when: (1) state proceedings, judicial in nature, are pending; (2) the state proceedings 27 involve important state interests; and (3) the state proceedings afford adequate opportunity to 28 raise the constitutional issue. Middlesex County Ethics Comm. V. Garden State Bar Ass’n, 457 1 U.S. 423, 432 (1982); Dubinka v. Judges of the Superior Court, 23 F.3d 218, 223 (9th Cir. 1994). 2 The rationale of Younger applies throughout the appellate proceedings, requiring that state 3 appellate review of a state court judgment be exhausted before federal court intervention is 4 permitted. Dubinka, 23 F.3d at 223 (even if criminal trials were completed at time of abstention 5 decision, state court proceedings still considered pending). 6 The law of habeas corpus also provides guidance on when a district court should abstain 7 from review of a claim. In order to be granted federal habeas corpus relief, the petition must have 8 exhausted his available state remedies. 28 U.S.C. § 2254(b). The rule of exhaustion is based on 9 comity to the state court and gives the state court the initial opportunity to correct the state's 10 alleged constitutional deprivations. Coleman v. Thompson, 501 U.S. 722, 731 (1991). The 11 exhaustion requirement can be satisfied by providing the highest state court with a full and fair 12 opportunity to consider each claim before presenting it to the federal court. Picard v. Connor, 404 13 U.S. 270, 276 (1971) 14 Here, state proceedings are ongoing. California has an important interest in passing upon 15 and correcting violations of a defendant’s rights. Roberts v. Dicarlo, 296 F.Supp.2d 1182, 1185 16 (C.D. Cal. 2002) (citing Koerner v. Grigas, 328 F.3d 1039, 1046 (9th Cir. 2003). The California 17 Court of Appeal and the California Supreme Court are adequate forums for Petitioner to seek 18 relief for his claims. Roberts, 296 F.Supp.2d at 1185. Therefore, the Court recommends 19 abstaining from interfering in state proceedings pursuant to Younger. 20 ORDER 21 IT IS HEREBY ORDERED that the Clerk of Court is DIRECTED to assign a district 22 judge to this case. 23 RECOMMENDATION 24 For the foregoing reasons, the Court RECOMMENDS that the petition be DISMISSED 25 WITHOUT PREJUDICE. 26 This Findings and Recommendation is submitted to the United States District Court Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636 (b)(1)(B) and Rule 304 of the 28 Local Rules of Practice for the United States District Court, Eastern District of California. Within 1 twenty-one (21) days after being served with a copy of this Findings and Recommendation, a 2 party may file written objections with the Court and serve a copy on all parties. Id. The document 3 should be captioned, “Objections to Magistrate Judge’s Findings and Recommendation” and shall 4 not exceed fifteen (15) pages, except by leave of court with good cause shown. The Court will not 5 consider exhibits attached to the Objections. To the extent a party wishes to refer to any 6 exhibit(s), the party should reference the exhibit in the record by its CM/ECF document and page 7 number, when possible, or otherwise reference the exhibit with specificity. Any pages filed in 8 excess of the fifteen (15) page limitation may be disregarded by the District Judge when 9 reviewing these Findings and Recommendations pursuant to 28 U.S.C. § 636 (b)(1)(C). The 10 parties are advised that failure to file objections within the specified time may result in the waiver 11 of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014). This 12 recommendation is not an order that is immediately appealable to the Ninth Circuit Court of 13 Appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, 14 should not be filed until entry of the District Court's judgment. 15

IT IS SO ORDERED.

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17 Dated: October 8, 2025 /s/ Sheila K. Oberto .

UNITED STATES MAGISTRATE JUDGE

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