(HC)Johnson

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JACKIE EDWARD JOHNSON, No. 2:21-cv-01370-DAD-DB (HC) 12 Petitioner, 13 v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND GRANTING

14 LANDON BIRD, RESPONDENT’S MOTION TO DISMISS

THIS ACTION

15 Respondent. (Doc. Nos. 13, 20) 16 17 Petitioner Jackie Edward Johnson is a state prisoner proceeding pro se and in forma 18 pauperis with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was 19 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 20 302. 21 On May 24, 2022, the assigned magistrate judge issued findings and recommendations 22 recommending that respondent’s motion to dismiss (Doc. No. 13) be granted because petitioner’s 23 underlying state criminal proceedings are still pending, and thus application of the Younger 24 abstention doctrine requires dismissal of this federal habeas action without prejudice. (Doc. No. 25 20 at 5–7) (citing Younger v. Harris, 401 U.S.…