(HC)Franklin v. Pfeiffer ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER FRANKLIN, No. 2:22-cv-00825-TLN-JDP 12 Petitioner, 13 v. ORDER 14 CHRISTIAN PFEIFFER, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 28, 2022, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Petitioner has filed 23 objections to the findings and recommendations. (ECF Nos. 40, 41.) In the objections, Petitioner 24 request an extension of time to review the record, to file an amended petition and additional 25 briefing, and request copies of transcripts. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 27 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 28 Court finds the findings and recommendations to be supported by the record and by proper 1 | analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed November 28, 2022, are ADOPTED IN 4 | FULL; 5 2. Respondent’s motion to dismiss (ECF No. 25) is GRANTED, and the petition is 6 | DISMISSED under the abstention doctrine in Younger v. Harris, 401 U.S. 37 (1971); 7 3. Petitioner’s motions to strike (ECF Nos. 23, 28) are DENIED as moot; 8 4. Petitioner’s requests for an extension of time, to file an amended petition and 9 | additional briefing, and requests for copies (ECF Nos. 40, 41) are DENIED; and 10 5. The Court declines to issue the certificate of appealability referenced in 28 U.S.C. § 11 | 2253. 12 | DATE: February 7, 2023 13 /) /) 14 “ □□ lu 16 United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28