(HC) Navarrete v. Black

Good Law
United States District Court, Eastern District of CaliforniaDecember 21, 20222:22-cv-01197California627 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 MICHAEL JOEL NAVARETTE, Case No. 2:22-cv-01197-JDP (HC) Petitioner, ORDER DIRECTING THE CLERK OF

COURT TO ASSIGN A DISTRICT JUDGE

v. TO THIS CASE CINDY BLACK, FINDINGS AND RECOMMENDATIONS

THAT THE AMENDED PETITION BE

Respondent. DISMISSED WITHOUT LEAVE TO AMEND ECF No. 7 15 Petitioner, proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. He acknowledges, however, that he is a pre-trial detainee and the state criminal proceedings against him are ongoing. Accordingly, I find that I must abstain from considering the merits of his claims under the Younger1 abstention doctrine. I recommend that his amended petition be dismissed without leave to amend. The amended petition is before me for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must examine…

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