(HC) Brown v. North Kern State Prison Warden

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

KENYON D. BROWN, Case No. 1:20-cv-01043-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION

RECOMMENDING DISMISSAL OF

v. PETITION FOR WRIT OF HABEAS

CORPUS

NORTH KERN STATE PRISON WARDEN,

ORDER DIRECTING CLERK OF COURT

Respondent. TO ASSIGN DISTRICT JUDGE AND SEND

PETITIONER A PRISONER CIVIL RIGHTS

COMPLAINT FORM

17 Petitioner Kenyon D. Brown is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Therein, Petitioner seeks “a federal injunction and a stay on [Petitioner’s] state criminal proceedings due to living in cruel and unusual punishment corona virus overcrowding.” (ECF No. 1 at 6).1 Based on abstention principles, the undersigned recommends declining to intervene in the state proceedings and dismissal of the petition without prejudice. I. BACKGROUND Petitioner is currently confined at…