Phieffer

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 D’ANDRE MONROE, No. 2:19-CV-02174-MCE-DMC-P Petitioner, v. FINDINGS AND RECOMMENDATIONS C. PHIEFFER, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Respondent’s Motion to Dismiss. ECF No. 16. Respondent argues (1) that Petitioner’s petition is premature under Younger v. Harris, 401 U.S. 37 (1971) because his direct appeal is pending, and (2) that his petition includes an unexhausted claim. Id. at 1. Petitioner responds (1) that Younger abstention is not required because the circumstances of his petition, including the risk of immediate and irreparable harm, warrant exercise of federal jurisdiction, and (2) that he properly presented and exhausted all claims before the appellate courts. ECF No. 22. The Court resolves the motion on abstention grounds and does not reach the exhaustion issue. /// 27 …