McDowell
(HC) Hebebrand v. McDowell
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY HEBEBRAND, No. 2:22-cv-02271-TLN-CKD P Petitioner, v. ORDER AND NEIL MCDOWELL, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner is a state prisoner proceeding pro se in this federal habeas corpus action filed pursuant to 28 U.S.C. § 2254. Pending before the court is respondent’s motion to dismiss the federal habeas corpus application based on the Younger abstention doctrine. ECF No. 17. Petitioner filed an opposition and respondent filed a reply. ECF Nos. 32-33. For the reasons discussed below, the undersigned recommends granting the motion to dismiss the habeas corpus application without prejudice. I. Factual and Procedural History2 Petitioner was convicted in the San Joaquin County Superior Court of kidnapping and
1 Respondent’s request to substitute Neil McDowell, the Warden of Ironwood State Prison where petitioner is housed, as the proper respondent in this matter is…