(HC) Monroe v. Phieffer

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 D’ANDRE MONROE, No. 2:19-CV-02174-MCE-DMC-P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 C. PHIEFFER, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 18 habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Respondent’s Motion to 19 Dismiss. ECF No. 16. Respondent argues (1) that Petitioner’s petition is premature under 20 Younger v. Harris,

401 U.S. 37

(1971) because his direct appeal is pending, and (2) that his 21…