Kettering

(HC) Beavers v. Kettering

Good Law
United States District Court, Eastern District of CaliforniaSeptember 25, 20191:19-cv-00521California932 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDDIE DUPREE BEAVERS, Case No. 1:19-cv-00521-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT COURT ABSTAIN FROM

v. EXERCISING JURISDICTION AND

DISMISS CASE WITHOUT PREJUDICE

JEFF KETTERING, ECF No. 1 Respondent.

ORDER DIRECTING CLERK OF COURT TO

ASSIGN CASE TO DISTRICT JUDGE 17 Petitioner Eddie Dupree Beavers, who is on probation, seeks a writ of habeas corpus 18 under 28 U.S.C. § 2254. He proceeds without counsel. ECF No. 1. The matter is before the 19 court for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Because 20 the petition indicated that petitioner was still challenging his conviction in state court, the court 21 ordered petitioner to show cause why the case should not be dismissed without prejudice. 22 ECF No. 6. Months have passed since the order to show cause issued, and petitioner has not 23 responded. Accordingly, I recommend that the court abstain from exercising…

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