Atchely

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH BARNETTE, No. 2:20-cv-02392-KJM-CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS M. ATCHELY, Respondent. 16 Petitioner is a state prisoner proceeding pro se in this federal habeas corpus action filed pursuant to 28 U.S.C. § 2254. Pending before the court is respondent’s motion to dismiss petitioner’s federal habeas corpus application based on the Younger abstention doctrine. ECF No. 9. For the reasons discussed below, the court recommends that the motion to dismiss be granted and petitioner’s application for federal habeas corpus relief be dismissed without prejudice. I. Factual and Procedural History Petitioner was convicted following a jury trial in the Sacramento County Superior Court of first-degree murder, attempted murder, and shooting at an occupied vehicle. The jury acquitted petitioner of the attempted murder of an additional passenger in the vehicle. On June 30, 2015, petitioner…