In re Sean H. Brown

Filing 4

ORDER OF DISMISSAL, ORDER granting 3 MOTION for Leave to Proceed in forma pauperis filed by Sean H. Brown and dismissing 1 MOTION to appeal filed by Sean H. Brown. Signed by Judge Charles R. Breyer on 7/10/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 7/10/2013)

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1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 12 13 14 In re SEAN H. BROWN, 15 Plaintiff/Petitioner. 16 17 ) ) ) ) ) ) ) ) ) ) ) No. C 13-2681 CRB (PR) ORDER OF DISMISSAL (Docket #1 & 3) 18 I. 19 20 Sean H. Brown, a pre-trial detainee at the Contra Costa County Jail, has 21 filed a pro se action alleging various wrongdoing in connection with his ongoing 22 state criminal proceedings. Among other things, Brown alleges denial of his 23 right to present a full defense and judicial misconduct. 24 Brown seeks dismissal of the state criminal proceedings and leave to 25 proceed in forma pauperis (IFP) under 28 U.S.C. § 1915. Based solely on 26 Brown’s affidavit of poverty, the request to proceed IFP (docket #3) is granted. 27 But Brown’s action and request for dismissal of the state criminal proceedings 28 (docket #1), must be dismissed. 1 2 II. The court must abstain and dismiss Brown’s request for injunctive relief 3 because it is well-settled that a federal court may not interfere with ongoing state 4 criminal proceedings by granting injunctive or declaratory relief. See Younger v. 5 Harris, 401 U.S. 37, 43-54 (1971). There may be an exception to Younger 6 abstention upon a showing of the state’s bad faith or harassment, or a showing 7 that the statute challenged is “flagrantly and patently violative of express 8 constitutional prohibitions,” id. at 46, 53-54; however, there is no such showing 9 or indication here. Brown’s request for injunctive relief must be dismissed. See 10 Juidice v. Vail, 430 U.S. 327, 348 (1977) (district court must dismiss action for 11 declaratory or injunctive relief if it finds that Younger abstention is appropriate); 12 Beltran v. California, 871 F.2d 777, 782 (9th Cir. 1988) (same). III. 13 14 For the foregoing reasons, Brown’s action is DISMISSED and the clerk is 15 instructed to enter judgment in accordance with this order and close the file. 16 SO ORDERED. 17 DATED: July 10,2013 18 CHARLES R. BREYER United States District Judge 19 20 21 22 23 24 25 26 G:\PRO-SE\CRB\CR.13\Brown, S.13-2681.dismissal.wpd 27 28 2

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