Nyquest v. Camoo et al
Filing
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/7/18 RECOMMENDING that this action be dismissed without leave to amend. Motion to proceed IFP 2 be denied without prejudice as moot. The Clerk of Court be directed to close this case. F&R referred to District Judge Morrison C. England, Jr.. Objections to F&R due within fourteen (14) days. (Kaminski, H)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MARK NYQUEST,
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No. 2:18-cv-1120-MCE-KJN PS
Plaintiff,
v.
ORDER AND
ROBERT CAMOO, et al.,
FINDINGS AND RECOMMENDATIONS
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Defendants.
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Plaintiff Mark Nyquest, proceeding without counsel, commenced this action and
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requested leave to proceed in forma pauperis under 28 U.S.C. § 1915. (ECF Nos. 1, 2.) Pursuant
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to 28 U.S.C. § 1915, the court is directed to dismiss the case at any time if it determines that the
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allegation of poverty is untrue, or if the action is frivolous or malicious, fails to state a claim on
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which relief may be granted, or seeks monetary relief against an immune defendant.
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Liberally construed, plaintiff’s complaint alleges that in plaintiff’s criminal case pending
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in Placer County Superior Court, the judge improperly bullied plaintiff into accepting house arrest
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by threatening to revoke plaintiff’s bail. Plaintiff purports to state a claim under 42 U.S.C. § 1983
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for violation of his constitutional right to liberty, naming Eugene Gini (a Placer County Superior
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Court judge), Scott Owens (a Placer County prosecutor), Robert Camoo (a Placer County public
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defender), and a bail bonds company as defendants. Plaintiff seeks an order restraining the state
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trial court from violating plaintiff’s constitutional rights, placing plaintiff back on bail with a trial
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date, restraining the trial court from remanding plaintiff to custody due to vague reasons,
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preventing any abuses of power by the trial court, and taking away the qualified immunity of the
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state trial court actors. (See generally ECF No. 1.)
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Plaintiff’s present action is plainly precluded by the Younger abstention doctrine. See
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Younger v. Harris, 401 U.S. 37 (1971). As the Ninth Circuit Court of Appeals has explained:
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“Younger abstention is a jurisprudential doctrine rooted in overlapping principles of equity,
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comity, and federalism. We must abstain under Younger if four requirements are met: (1) a state-
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initiated proceeding is ongoing; (2) the proceeding implicates important state interests; (3) the
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federal plaintiff is not barred from litigating federal constitutional issues in the state proceeding;
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and (4) the federal court action would enjoin the proceeding or have the practical effect of doing
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so, i.e., would interfere with the state proceeding in a way that Younger disapproves.” San Jose
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Silicon Valley Chamber of Commerce Political Action Committee v. City of San Jose, 546 F.3d
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1087, 1091-92 (9th Cir. 2008) (internal citations omitted). Here, plaintiff’s ongoing criminal case
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is undoubtedly a state-initiated proceeding. The criminal case also implicates an important state
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interest, i.e., vindication of the state’s criminal laws by virtue of a state judicial proceeding.
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Additionally, plaintiff is not barred from litigating federal constitutional issues in his state court
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criminal case. Plaintiff may raise any objections based on federal constitutional rights before the
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state trial court, and may also appeal adverse rulings to the state appellate courts. Finally, the
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relief requested by plaintiff (including an order directing that plaintiff be placed back on bail)
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would clearly interfere with the state court’s conduct of the criminal case. Consequently,
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Younger abstention is required.
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Accordingly, IT IS HEREBY RECOMMENDED that:
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1. The action be dismissed without leave to amend.
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2. Plaintiff’s motion to proceed in forma pauperis in this court (ECF No. 2) be denied
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without prejudice as moot.
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3. The Clerk of Court be directed to close this case.
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In light of those recommendations, IT IS ALSO ORDERED that all pleading, discovery,
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and motion practice in this action are STAYED pending resolution of the findings and
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recommendations. With the exception of objections to the findings and recommendations, and
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non-frivolous motions for emergency relief, the court will not entertain or respond to any motions
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or filings until the findings and recommendations are resolved.
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These findings and recommendations are submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14)
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days after being served with these findings and recommendations, any party may file written
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objections with the court and serve a copy on all parties. Such a document should be captioned
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“Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections
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shall be served on all parties and filed with the court within fourteen (14) days after service of the
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objections. The parties are advised that failure to file objections within the specified time may
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waive the right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th
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Cir. 1998); Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991).
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IT IS SO ORDERED AND RECOMMENDED.
Dated: June 7, 2018
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