(HC)Vanhook

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAESEAN VANHOOK, No. 2:20-cv-0105 TLN KJN P Petitioner, v. FINDINGS AND RECOMMENDATIONS ROBERT BURTON, Respondent. 16 I. Introduction Petitioner is a state prisoner, proceeding through counsel, with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent moves to dismiss this action as premature because direct review of petitioner’s conviction is pending in the California Court of Appeal. Petitioner’s motion for stay pending such direct review is also pending. For the reasons stated below, respondent’s motion should be granted, petitioner’s motion for stay should be denied, and this action should be dismissed without prejudice. II. Motion to Dismiss This court has authority under Rule 4 of the Rules Governing Section 2254 Cases to dismiss a petition if it “plainly appears from the face of the petition and any attached exhibits that

This proceeding was referred to this court by…