Allison

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DAVID LEONARD JOHNSON, Case No.: 19cv1673-LAB(KSC)

Petitioner,

REPORT AND RECOMMENDA-

v. TION RE RESPONDENT'S MOTION TO DISMISS [Doc. No. 11] AND MARION SPEARMAN, Warden,

PETITIONER’S MOTION FOR

Respondent. STAY AND ABEYANCE [Doc. No. 14] 16 Petitioner David Leonard Johnson, a state prisoner proceeding pro se, has filed a Petition for Writ of Habeas Corpus pursuant to Title 28, United States Code, Section 2254, challenging his conviction and sentence in San Diego Superior Court Case No. SCD237392. [Doc. No. 1.] Before the Court is respondent’s Motion to Dismiss. [Doc. No. 11.] In the Motion to Dismiss, respondent argues that the District Court should abstain from reviewing the merits of the Petition and dismiss it pursuant to the abstention doctrine set forth in Younger v. Harris, 401, U.S. 37 (1971), because state court proceedings in San Diego Superior Court…