Sherman

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ALEJANDRO PAZ, ) Case No.: 1:20-cv-00177-NONE-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATION TO ) GRANT RESPONDENT’S MOTION TO DISMISS v. ) ) (Doc. 7) STU SHERMAN, Warden, ) Respondent. ) [THIRTY DAY OBJECTION DEADLINE] ) )

On February 3, 2020, Petitioner filed the instant federal petition for writ of habeas corpus. (Doc. 1.) The Respondent has moved the Court to dismiss the action because adjudication of Petitioner’s claim would be premature. (Doc. 7.) The Court finds that it should abstain from interfering in state proceedings pursuant to Younger v. Harris, 401 U.S. 37 (1971), and will therefore recommend the petition be dismissed without prejudice. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it “plainly appears from the petition and any…