(HC) Nava v. On Habeas Corpus

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LUIS ALBERTO ALARCON NAVA, Case No. 1:21-cv-00594-SKO (HC)

Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATION TO

UNNAMED, DISMISS PETITION

Respondent. [FOURTEEN-DAY OBJECTION PERIOD]

16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On April 8, 2021, Petitioner filed the instant federal petition challenging a 2012 conviction in Kern County Superior Court. It has come to the Court’s attention that Petitioner filed a prior petition challenging the same conviction in Nava v. Becerra, Case No. 1:20-cv-01378-HBK (HC). That action is still ongoing. “After weighing the equities of the case, the district court may exercise its discretion to dismiss a duplicative later-filed action, to stay that action pending resolution of the previously filed action, to enjoin the parties from proceeding with it, or to consolidate both actions.” Adams v.…