(HC) Fultz v. State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FINLEY B. FULTZ, No. 2:21-cv-01254-CKD P Petitioner, v. ORDER TO SHOW CAUSE STATE OF CALIFORNIA, Respondent. 16 Petitioner is a state pretrial detainee who is proceeding pro se in this habeas corpus action filed pursuant to 28 U.S.C.§ 2254. In his habeas application, petitioner challenges his ongoing custody following the dismissal of criminal charges against him on December 20, 2018 by the Nevada County Superior Court. Petitioner further indicates that there is a pending criminal appeal of his case in the California Court of Appeal. ECF No. 1 at 4. Petitioner is advised that federal courts cannot interfere with pending state criminal proceedings absent extraordinary circumstances which create a threat of irreparable injury. Younger v. Harris, 401 U.S. 37, 45-46 (1971). Abstention is required when: (1) state proceedings, judicial in nature, are pending; (2) the state proceedings involve important state 26 …