Dalesandro

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VALDEMAR GAITAN, JR., No. 1:23-cv-00926-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

13 v. FINDINGS AND RECOMMENDATION TO DISMISS PREMATURE PETITION

SAMUEL DALESANDRO, et al., [TWENTY-ONE DAY OBJECTION

DEADLINE]

Respondents. 17 Petitioner filed a civil rights complaint in this Court on June 20, 2023. Upon review of the complaint, the Court found that Petitioner was challenging his criminal proceedings rather than the conditions of his confinement. Therefore, on July 28, 2023, Magistrate Judge Gary Austin redesignated the action as a habeas case and referred the matter to the undersigned. After conducting a preliminary review, the Court finds that it should abstain from interfering in ongoing state court proceedings, and the petition should be dismissed. DISCUSSION A. Preliminary Review of Petition Rule 4 of the…