David Anthony Dean v. State of California

United States District Court for the Central District of California

David Anthony Dean v. State of California

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 DAVID ANTHONY DEAN, ) Case No. EDCV 20-0280-VAP (JPR) 11 ) Petitioner, ) 12 ) ORDER ACCEPTING FINDINGS AND v. ) RECOMMENDATIONS OF U.S. 13 ) MAGISTRATE JUDGE CHAD BIANCO, Sheriff, ) 14 Riverside County, ) ) 15 Respondent. ) 16 17 The Court has reviewed the Petition, records on file, and 18 Report and Recommendation of U.S. Magistrate Judge. No 19 objections to the R. & R. have been filed. 20 As the Magistrate Judge found, because the trial court 21 reviewed Petitioner’s bail and reduced it, his constitutional 22 claim that the court failed to provide him a hearing on his bail- 23 reduction motion is moot. (See R. & R. at 3-5.) And to the 24 extent he raises other claims, because his criminal case is still 25 pending, see Crim. Case Rep., People v. Dean, No. SWF 1500705 26 (Riverside Sup. Ct. charges filed Apr. 22, 2015), abstention under 27 Younger v. Harris,

401 U.S. 37, 45-46

(1971), is appropriate. 28 (See R. & R. at 5-9.) 1 The Court accepts the findings and recommendations of the 2|}/Magistrate Judge. IT THEREFORE IS ORDERED that Petitioner’s 3] “Motion to Dismiss Biased Accessories to the Crime by VAP-JPR Federal Court Staff/Option to State Attorney” is DENIED, 5 || Respondent’s motion to dismiss is GRANTED, and judgment be 6 |} entered dismissing the Petition without prejudice. Viena 0 Pact DATED: October 30, 2020 . VIRQJNIA A. PHILLIPS 9 U.S. DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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