Summary
The United States District Court for the Eastern District of California partially adopts and partially declines magistrate judge findings and recommendations concerning Larry Sermeno’s civil action against Jeff Macomber and others. The court dismisses claims for declaratory and injunctive relief without prejudice under the Younger abstention doctrine but allows damages claims to proceed. The case and remaining motions are referred to the magistrate judge for further proceedings, including consideration of a possible stay.
Holdings
- The court dismissed Plaintiff's claims for declaratory and injunctive relief without prejudice under the Younger abstention doctrine because those claims sought federal relief that would interfere with pending state habeas and appellate proceedings.
- The court declined to dismiss Plaintiff's damages claims on the basis of Younger abstention; damages claims should be stayed until the related state proceedings are completed rather than dismissed.
Questions Presented
- Whether Younger abstention required dismissal of Plaintiff's claims for declaratory and injunctive relief because they would interfere with pending state proceedings.
- Whether Younger abstention permitted dismissal of Plaintiff's damages claims or instead required that those claims proceed or be stayed.
Disposition
other
Cases Cited (7)
- Orand v. United States, 602 F.2d 207, 208 (9th Cir.)(followed)
- Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir.)(followed)
- Younger v. Harris, 401 U.S. 37 (1971)(followed)
- Arevalo v. Hennessy, 882 F.3d 763, 765 (9th Cir.)(followed)
- Gilbertson v. Albright, 381 F.3d 965, 973 (9th Cir.)(followed)
- Gilbertson v. Albright, 381 F.3d 965, 968 (9th Cir.)(followed)
- Rhoden v. Mayberg, 361 F. App'x 895, 896 (9th Cir.)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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