David Anthony Dean v. State of California

Good Law
United States District Court, Central District of CaliforniaOctober 30, 20205:20-cv-00280California279 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 DAVID ANTHONY DEAN, ) Case No. EDCV 20-0280-VAP (JPR) 11 ) Petitioner, ) 12 ) ORDER ACCEPTING FINDINGS AND v. ) RECOMMENDATIONS OF U.S. 13 ) MAGISTRATE JUDGE CHAD BIANCO, Sheriff, ) 14 Riverside County, ) ) 15 Respondent. ) 16 The Court has reviewed the Petition, records on file, and Report and Recommendation of U.S. Magistrate Judge. No objections to the R. & R. have been filed. As the Magistrate Judge found, because the trial court reviewed Petitioner’s bail and reduced it, his constitutional claim that the court failed to provide him a hearing on his bail- reduction motion is moot. (See R. & R. at 3-5.) And to the extent he raises other claims, because his criminal case is still pending, see Crim. Case Rep., People v. Dean, No. SWF 1500705 (Riverside Sup. Ct. charges filed Apr. 22, 2015), abstention under Younger v. Harris, 401 U.S. 37, 45-46 (1971), is appropriate. (See R. & R. at 5-9.) The Court accepts the findings and recommendations of …

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