Arnold

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH A. JACKSON, Case No. 1:17-cv-01670-LJO-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT COURT DISMISS PETITION FOR

v. WRIT OF HABEAS CORPUS ERIC ARNOLD, ECF No. 16. Respondent. 16 Petitioner Kenneth A. Jackson, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF 16. Respondent moves to dismiss the case, arguing that the court should abstain from exercising jurisdiction because petitioner is still litigating his direct appeal. ECF No. 24. While respondent’s motion to dismiss was pending, petitioner’s direct appeal ended, and he presented his habeas claims in state court. See People v. Jackson, No. S250471 (Cal. Sup. Ct. Oct. 24, 2018); ECF No. 16 at 42. However, I recommend dismissing the case for a different reason: the petition plainly shows that petitioner is not entitled to relief. Under Rule 4 of the Rules Governing Section 2254…