(HC) Trotter v. Deuel Vocational Institution

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER JOHN TROTTER, Case No. 1:18-cv-01643-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT COURT ABSTAIN FROM

v. EXERCISING JURISDICTION AND

DISMISS CASE WITHOUT PREJUDICE

DEUEL VOCATIONAL INSTITUTION, ECF No. 1 Respondent.

ORDER DIRECTING CLERK OF COURT TO

ASSIGN CASE TO DISTRICT JUDGE 17 Petitioner Christopher John Trotter, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. The matter is before the court for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Because petitioner has appealed his conviction and that appeal remains pending in state court, I recommend that the court abstain from exercising jurisdiction and dismiss the case without prejudice. Principles of comity and federalism require federal courts to abstain from interfering with pending state proceedings. See Younger v. Harris, 401…