Kibler

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JESSIE LUIS RENEAUX, No. 2:20-cv-2139 JAM KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS BRIAN KIBLER, Respondent. 15 Petitioner is a state prisoner, proceeding without counsel. On April 11, 2022, petitioner filed a motion to reopen his case. As discussed below, the motion should be denied. Background This action was filed on October 26, 2020. Respondent filed a motion to dismiss noting that remand proceedings were scheduled for February 18, 2021. (ECF No. 1 at 2.) On November 23, 2021, this action was dismissed without prejudice because petitioner was awaiting resentencing in his criminal proceedings pending in the Yolo County Superior Court; thus, the court was required to abstain under Younger v. Harris, 401 U.S. 37 (1971). (ECF Nos. 23, 27.) Petitioner was advised that “Younger abstention requires federal courts to abstain when state court proceedings are ongoing at the time the federal action is filed.” (ECF…