Summary
The United States District Court for the Eastern District of California recommends dismissing Stanley W. Mundy’s habeas corpus petition without prejudice under Younger v. Harris. It also recommends denying the petitioner’s motion for stay and abeyance as moot and directs that a district judge be randomly assigned to the action.
Holdings
- The magistrate judge recommended that the habeas petition be dismissed without prejudice under Younger v. Harris because the circumstances described in the prior order to show cause warranted abstention and petitioner failed to show cause otherwise.
- The magistrate judge recommended dismissing the motion for a stay and abeyance as moot because dismissal of the habeas petition would eliminate the need for a stay.
Questions Presented
- Whether the § 2254 petition should be dismissed without prejudice under the Younger abstention doctrine.
- Whether the motion for a stay and abeyance should be dismissed as moot following the recommended dismissal of the habeas petition.
Disposition
other
Cases Cited (2)
- Younger v. Harris, 401 U.S. 37 (1971)(followed)
- Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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