Warden
(HC) Upshaw v. Warden
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN WILLIAM UPSHAW, No. 1:22-cv-00949-HBK (HC) Petitioner, FINDINGS AND RECOMMENDATIONS TO
DISMISS PETITION WITHOUT
v. PREJUDICE1 WARDEN OF C.S.P. LOS ANGELES, FOURTEEN-DAY OBJECTION PERIOD Respondent. (Doc. No. 1) ORDER DIRECTING CLERK OF COURT TO
ASSIGN DISTRICT JUDGE
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Petitioner John William Upshaw (“Petitioner”), a state prisoner initiated this action by filling a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254 on July 29, 2022. (Doc. No. 1, “Petition”). This matter is now before the Court for preliminary review. See Rules Governing § 2254 Cases, Rule 4; 28 U.S.C. § 2243. As more fully explained below, because Petitioner’s state habeas petition remains before the California Supreme Court, the undersigned recommends the court abstain from exercising jurisdiction and dismiss the petition without prejudice to refiling after petitioner’s state…