Hixton

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN MICHAEL LOPEZ, No. 1:23-cv-01368 JLT EPG (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

13 v. RESPONDENT’S MOTION TO DISMISS,

DISMISSING PETITION FOR WRIT OF

14 KEVIN HIXTON, HABEAS CORPUS WITHOUT PREJUDICE,

DIRECTING CLERK OF COURT TO CLOSE

15 Respondent. CASE, AND DECLINING TO ISSUE

CERTIFICATE OF APPEALABILITY

16 (Docs. 7, 13) 17 18 Steven Michael Lopez, represented by counsel, is a state prisoner proceeding with a 19 petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. This matter was referred 20 to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On February 2, 2024, the magistrate judge issued Findings and Recommendations 22 recommending that the petition for writ of habeas corpus be dismissed without prejudice based on 23 Younger v. Harris, 401 U.S. 37 (1971). (Doc. 13.) On February 12, 2024, Petitioner filed timely 24 …