Gadlin
Gadlin v. Pfeiffer
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GREGORY A. GADLIN, Case No. 20-cv-02867-JD
Petitioner,
ORDER GRANTING MOTION TO
v. DISMISS AND DENYING
CERTIFICATE OF APPEALABILITY
RALPH DIAZ, et al., Re: Dkt. No. 11 Respondents.
12 Gregory Gadlin, a pro se state prisoner, filed a habeas petition under 28 U.S.C. § 2254. Respondents filed a motion to dismiss asserting that abstention is appropriate pursuant to Younger v. Harris, 401 U.S. 37 (1971), because petitioner is currently pursuing an appeal in the California Court of Appeal. Despite being provided extra time to file a response, petitioner has not filed an opposition or otherwise communicated with the Court since the filing of this case. BACKGROUND Petitioner was found guilty of first-degree murder with personal use of a firearm. People v. Gadlin, No. A149764, 2018 WL 5816613, at *1 (Cal. Ct. App. Nov. 7, 2018). Petitioner was sentenced to state prison for an indeterminate term of 117 years to…