Arenas

Arenas v. Pollard

Good Law
United States District Court, Southern District of CaliforniaMay 21, 20213:21-cv-00941California735 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JEREMY ARENAS, Case No.: 21-CV-941 JLS (MSB)

Petitioner,

ORDER DISMISSING CASE

v. WITHOUT PREJUDICE MARCUS POLLARD, Warden, et al., Respondents. 16 Petitioner, a state prisoner proceeding pro se, has filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 challenging a March 22, 2019 conviction in San Diego County Superior Court, case number SCS303353, for which he is currently awaiting resentencing after remand by the state appellate court. See ECF No. 1 (the “Petition”). Petitioner has paid the $5.00 filing fee. See ECF No. 1-2. ABSTENTION It is evident that the Petition must be dismissed because the Court is barred from considering Petitioner’s claims pursuant to Younger v. Harris, 401 U.S. 37 (1971). Under Younger, federal courts may not interfere with ongoing state criminal proceedings absent extraordinary circumstances. Id. at…

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