DeLoney v. Rodriguez
Filing
3
ORDER signed by Magistrate Judge Gregory G. Hollows on 8/3/2010 ORDERING that w/in 14 days, ptnr to SHOW CAUSE why this action should not be dismissed pursuant to the Younger abstention doctrine. (Yin, K)
<![CDATA[
(PC) DeLoney v. Rodriguez
Doc. 3
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaintiff has previously filed two similar actions concerning his displeasure with his appointed counsel that were dismissed. See No. CIV S-09-0073 WBS DAD; No. CIV S-09-0757 JAM DAD. 1
Dockets.Justia.com
1
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA RICKEY B. DeLONEY, Plaintiff, vs. JOHN R. RODRIGUEZ, Defendant. / Plaintiff, a county inmate proceeding pro se has filed an action pursuant to 42 U.S.C. § 1983. Plaintiff has not, however, filed an in forma pauperis affidavit or paid the required filing fee. Plaintiff states that his defense attorney is ineffective. Based on plaintiff's brief complaint, it appears that petitioner is attempting to challenge ongoing criminal proceedings against him.1 Principles of comity and federalism weigh against a federal court interfering with ongoing state criminal proceedings by granting injunctive or declaratory relief absent extraordinary circumstances. Younger v. Harris, 401 U.S. 37, 43-54 (1971). Petitioner has not ORDER No. CIV S-10-1849 GGH P
1 2 3 4 5 6 7 8
demonstrated the existence of extraordinary circumstances that warrant interference in the ongoing state criminal proceedings. Accordingly, petitioner is ordered to show cause why this action should not be dismissed pursuant to the Younger abstention doctrine described above. In accordance with the above, IT IS HEREBY ORDERED that within fourteen days of the date of service of this order, petitioner shall show cause why this action should not be dismissed pursuant to the Younger abstention doctrine. DATED: August 3, 2010 /s/ Gregory G. Hollows
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
GGH:AB delo1849.osc
GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
