Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL LEE ROESSLER, Case No. 2:19-cv-02422-KJM-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT RESPONDENT’S MOTION TO

v. DISMISS BE GRANTED IN PART PATRICK COVELLO, ECF No. 13 Respondent. 16 Pending before the court is respondent’s motion to dismiss, which argues that the court must abstain from considering petitioner’s claims under Younger v. Harris, 401 U.S. 37 (1971). Respondent also argues that two of petitioner’s claims are unexhausted and should therefore be dismissed. Petitioner, through his appointed counsel, does not dispute respondent’s exhaustion argument and has agreed to the dismissal of his two unexhausted claims. He argues, however, that the remainder of his claims should be stayed pending the resolution of state court proceedings. Respondent disagrees and argues that, under Younger, the court must deny the request to stay and dismiss all claims without prejudice. In…