Aguilar

(HC) Ramirez v. Aguilar

Good Law
United States District Court, Eastern District of CaliforniaNovember 2, 20231:23-cv-01538California1,027 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NARCISO RAMIREZ, No. 1:23-cv-01538-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

13 v. FINDINGS AND RECOMMENDATION TO DISMISS PREMATURE PETITION

MARK S. AGUILAR, et al., [TWENTY-ONE DAY OBJECTION

DEADLINE]

Respondents. 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. §2254. 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 Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court . . . .” Rule 4 of the Rules…

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