(HC) Joseph v. Montgomery
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEON L. JOSEPH, Case No. 1:21-cv-01055-NONE-HBK Petitioner, FINDINGS AND RECOMMENDATIONS TO
GRANT RESPONDENT’S MOTION TO
v. DISMISS AND DENY PETITIONER’S
MOTION TO STAY
WARREN L. MONTGOMERY,
WARDEN, FOURTEEN-DAY OBJECTION PERIOD
15 Respondent. (Doc. Nos. 10, 14) 16 Petitioner Deon L. Joseph, a state prisoner, initiated this action by filing a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). On September 7, 2021, Respondent moved to dismiss the petition under Younger v. Harris, 401 U.S. 37, 44 (1971), arguing that the Court should abstain from exercising jurisdiction over the case at this time because state remand proceedings are pending. (Doc. No. 10). In response, Petitioner seeks to stay the case until his state remand proceedings have concluded. (Doc. No. 14). I. BACKGROUND Petitioner challenges his 2012 convictions after a jury…