Price et al v. Housing Authority of New Orleans et al

Filing 11

ORDER denying 8 Motion for Preliminary Injunction, Motion for Temporary Restraining Order; denying 10 Amended Motion for Preliminary Injunction, Motion for Temporary Restraining Order. Signed by Judge Ivan L.R. Lemelle on 5/1/2012. (lag, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

ORA PRICE

CIVIL ACTION

VERSUS

No. 12-992

HOUSING AUTHORITY OF NEW ORLEANS

SECTION B(2)

ORDER
Considering the foregoing Amended and Supplemental Motion for
Emergency/Expeditious Hearing for Injunction and Restraining Order
(Rec. Doc. No. 10) and Motion for Injunction and Restraining Orders
(Rec. Doc. No. 8),
IT IS ORDERED that said motions are DENIED. This jurisdiction
has a longstanding precedent against federal court interference
with the state court system where that system affords available
relief on asserted claims and there is a pending writ in the state
appellate system to obtain such relief.

Gober v. Terra + Corp.,

100 F.3d 1195, 1206 (5th Cir. 1996)(internal quotation marks
omitted) (“[Federal] courts have broad discretion to abstain from
hearing state law claims whenever appropriate in the interest of
justice, or in the interest of comity with State courts or respect
for State law).” Moreover, it is well recognized that “[c]omity,
untempered by other concerns, counsels against federal intervention
in state court proceedings, whether civil or criminal, pending or

threatened.”

DeSpain v. Johnston, 731 F.2d 1171, 1176 (5th Cir.

1984). Furthermore, “federal district courts are courts of original
jurisdiction.

They cannot sit as appellate courts in review of

state court judgments.” Weekly v. Morrow, 204 F.3d 613, 615 (5th
Cir. 2000).
New Orleans, Louisiana, this 1st day of May 2012.

______________________________
UNITED STATES DISTRICT JUDGE