1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 CARSON BRENT HODGES, Case No.: 20cv254-MMA (BLM)

12 Petitioner,

ORDER DISMISSING CASE

13 v. WITHOUT PREJUDICE 14 SUPERIOR COURT OF THE STATE OF

CALIFORNIA,

15 Respondent. 16 17 Petitioner, proceeding pro se, has filed a habeas corpus action filed pursuant to 28 18 U.S.C. § 2254. 19 FAILURE TO SATISFY FILING FEE REQUIREMENT 20 Petitioner has not paid the $5.00 filing fee and has not filed a motion to proceed in 21 forma pauperis. This Court cannot proceed until Petitioner has either paid the $5.00 22 filing fee or qualified to proceed in forma pauperis. See Rule 3(a), 28 U.S.C. foll. § 2254. 23 IMPROPER VENUE AND ABSTENTION 24 Moreover, this Court is not the proper venue. A petition for writ of habeas corpus 25 may be filed in the United States District Court of either the judicial district in which the 26 petitioner is presently confined or the judicial district in which he was convicted and 27 sentenced. See 28 U.S.C. § 2241(d); Braden v. 30th Judicial Circuit Court, 410 U.S. 28 484, 497 (1973). Petitioner is presently confined at the Adelanto Detention Facility in 1 Bernardino County, which is within the jurisdictional boundaries of the United States 2 || District Court for the Central District of California, Eastern Division. See 28 U.S.C. 3 84(c)(1). Petitioner appears to be challenging an ongoing criminal proceeding 4 ||occurring in San Bernardino, which is also within the jurisdictional boundaries of the 5 || United States District Court for the Central District of California, Eastern Division. Id. 6 || Further, the Court notes the Petition appears to be barred from consideration by the 7 || abstention doctrine, which states that federal courts may not interfere with ongoing state 8 criminal proceedings absent extraordinary circumstances. Younger v. Harris, 401 U.S. 9 ||37 (1971); see also Juidice v. Vail, 430 U.S. 327, 337 (1977) (holding that if Younger 10 |} abstention applies, a court may not retain jurisdiction but should dismiss the action). 11 For the foregoing reasons, the Court DISMISSES the Petition without prejudice. 12 13 || Dated: February 11, 2020 14 Vth LIu Lille 15 Hon. Michael M. Anello 16 United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28