1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STANLEY W. MUNDY, No. 2:25-cv-1182 AC P 12 Petitioner, 13 v. ORDER AND FINDINGS & RECOMMENDATIONS 14 TEAUNA MIRANDA, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas 18 corpus pursuant to

, paid the filing fee, and filed a motion for a stay and 19 abeyance. ECF Nos. 6, 7. On October 9, 2025, the undersigned issued an order to show cause 20 why this case should not be dismissed pursuant to Younger v. Harris,

(1971). ECF 21 No. 8. Petitioner was given thirty days from the date of service of the order to show cause why 22 the petition should not be dismissed. Id. at 9. Petitioner was warned that failure to show cause 23 would result in the recommendation for dismissal pursuant to Younger and that the motion for 24 stay and abeyance be denied as moot. Id. Petitioner was also informed that he could alternatively 25 seek voluntary dismissal of his petition pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) 26 and seek to refile after the statute of limitations clock has begun. Id. 27 The deadline to respond to the order to show cause has passed and petitioner has not filed 28 a response or a motion to voluntarily dismiss his petition. 1 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court should randomly 2 || assign a United States District Judge to this action. 3 Furthermore, IT IS RECOMMENDED that petitioner’s application for a writ of habeas 4 | corpus be dismissed without prejudice, and the motion for stay and abeyance (ECF No. 7) be 5 || dismissed as moot, for all the reasons set forth in the Order at ECF No. 8 (incorporated here by 6 || reference). 7 These findings and recommendations are submitted to the United States District Judge 8 || assigned to the case, pursuant to the provisions of

(b)(1). Within fourteen days 9 || after being served with these findings and recommendations, petitioner may file written 10 || objections with the court and serve a copy on all parties. Such a document should be captioned 11 || “Objections to Magistrate Judge’s Findings and Recommendations.” Petitioner is advised that 12 | failure to file objections within the specified time may waive the right to appeal the District 13 || Court’s order. Martinez v. YIst,

(9th Cir. 1991). 14 | DATED: November 24, 2025 ~ 15 Chane ALLISON CLAIRE 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28