Hixton

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 STEVEN MICHAEL LOPEZ, No. 1:23-cv-01368 JLT EPG (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

v. RESPONDENT’S MOTION TO DISMISS,

DISMISSING PETITION FOR WRIT OF

KEVIN HIXTON, HABEAS CORPUS WITHOUT PREJUDICE,

DIRECTING CLERK OF COURT TO CLOSE

Respondent. CASE, AND DECLINING TO ISSUE

CERTIFICATE OF APPEALABILITY

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