Summary
The court vacates its prior findings and recommendations concerning defendants’ motion to stay and orders supplemental briefing on Younger abstention and the potential application of Heck v. Humphrey. The court also denies without prejudice the plaintiff’s motion for appointment of counsel, finding no exceptional circumstances established at this stage.
Holdings
- The findings and recommendations issued on May 13, 2025, were vacated, and defendants were permitted to file supplemental briefing addressing whether Younger abstention applied and why the action would be barred by Heck if plaintiff were convicted in state court.
- Plaintiff failed to demonstrate exceptional circumstances warranting appointment of counsel, and his motion was denied without prejudice.
Questions Presented
- Whether the prior findings and recommendations concerning defendants' motion for a stay should be vacated and supplemental briefing permitted after defendants raised more fully developed Younger abstention and Heck arguments in their objections.
- Whether plaintiff demonstrated exceptional circumstances warranting appointment of counsel in the section 1983 action.
Disposition
other
Cases Cited (7)
- Railroad Commission of Texas v. Pullman Co., 312 U.S. 496 (1941)(followed)
- Younger v. Harris, 401 U.S. 37 (1971)(considered)
- Heck v. Humphrey, 512 U.S. 477 (1994)(considered)
- Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989)(followed)
- Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991)(followed)
- Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990)(followed)
- Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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