(HC) Stuart v. St. Andre

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 ANTHONY D. STUART, No. 2:22-cv-2298 DAD AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS ROB ST. ANDRE, WARDEN, Respondent. 15 Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Respondent has moved to dismiss. ECF No. 11. For the reasons stated below, the undersigned will recommend that respondent’s motion be granted in light of Younger v. Harris, 401 U.S. 37 (1971). I. BACKGROUND A. State Trial Proceedings On August 26, 2021, in San Joaquin County Superior Court Case No. STK-CR-2020- 8121, petitioner was convicted by a jury of murder with a firearm. ECF No. 12-1 at 1-2 (partial abstract of judgment); ECF No. 12-3 at 2 (state appellate habeas petition). Other enhancements,…