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