Kettering

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

RECOMMENDATIONS

JEFF KETTERING, (Doc. No. 8) Respondent.

16 Petitioner Eddie Dupree Beavers, who is presently on probation, seeks the issuance of a writ of habeas corpus under 28 U.S.C. § 2254. He is proceeding in this action without counsel and on his own behalf. (Doc. No. 1.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 25, 2019, the assigned magistrate judge issued findings and recommendations recommending that because the allegations of the petition established that petitioner was currently in the process of challenging his underlying conviction in the state courts (Doc. No. 1 at 5), this court should abstain from exercising jurisdiction over this habeas action and dismiss the pending petition without prejudice. (Doc. No. 8.) The…