(HC) Stuart v. St. Andre
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY D. STUART, No. 2:22-cv-02298-DAD-AC (HC) Petitioner, ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, GRANTING
v. RESPONDENT’S MOTION TO DISMISS,
DISMISSING HABEAS PETITION
ROB ST. ANDRE, Warden, WITHOUT PREJUDICE, AND DECLINING
TO ISSUE A CERTIFICATE OF
Respondent. APPEALABILITY (Doc. Nos. 1, 11, 18) 17 Petitioner Anthony D. Stuart is a state prisoner proceeding pro se with a petition 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. On March 1, 2023, respondent moved to dismiss the pending petition as premature pursuant to the decision in Younger v. Harris, 401 U.S. 27 (1971) because appellate proceedings in state court were ongoing and his judgment of conviction was not yet final. (Doc. No. 11.) On October 2, 2023, the assigned…