Neuschmid

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VANNA SISOUNTHONE, No. 2:18-cv-03181 DAD AC 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 ROBERT NEUSCHMID, 15 Respondent. 16 17 Petitioner is a state prisoner proceeding pro se and in forma pauperis in this habeas corpus 18 action filed pursuant to 28 U.S.C. 2254. This matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 Currently pending is petitioner’s motion for abstention pursuant to Younger v. Harris, 401 21 U.S. 37 (1971). ECF No. 32. Respondent has filed an opposition and the time for petitioner to 22 file a reply has expired. For the reasons that follow, the undersigned recommends granting 23 petitioner’s motion and dismissing his habeas petition without prejudice. 24 I. Procedural History 25 Petitioner filed the pending federal habeas petition raising four claims for relief on 26 November 17, 2018.1 ECF No. 1. By order dated July 24, 2023, the court…