Dornin v. Lombardo et al

Filing 8

ORDER dismissing case without prejudice.. Signed by Judge Richard F. Boulware, II on 1/10/2018., Case terminated. (Copies have been distributed pursuant to the NEF - JM)

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1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 9 DONALD C. DORNIN, Petitioner, 10 11 12 13 vs. Case No. 2:15-cv-01007-RFB-NJK ORDER JOE LOMBARDO, et al., Respondents. 14 15 Petitioner has filed a habeas petition challenging his pending criminal case and anticipated 16 sentencing in a state criminal case. While a federal court may hear a petition for an individual in 17 custody who has not yet been sentenced or convicted, principles of comity generally require the 18 federal court to abstain, absent extraordinary circumstances, from any intervention into the state 19 court proceeding until it has been completed. Carden v. Montana, 626 F.2d 82, 83-84 (9th Cir.), 20 cert. denied, 449 U.S. 1014, 101 S. Ct. 573, 66 L. Ed. 2d 473 (1980). 21 The Court does not find that there are extraordinary circumstances in this case warranting 22 intervention in the state court criminal proceeding. Id. Petitioner did file a response to the Order 23 to Show Cause filed by this Court, but his response did not establish a basis for this Court to 24 intervene in his state case. Id. The petitioner in this case may seek whatever federal habeas relief 25 that is legally appropriate upon the completion of his state criminal case, including his pursuit of 26 direct appeals and state habeas proceedings. 27 28 1 IT IS THEREFORE ORDERED that this case is dismissed without prejudice to petitioner 2 seeking federal habeas relief upon the completion of his state court criminal proceedings and 3 appeals and state habeas challenges. 4 DATED: January 10, 2018. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _________________________________ RICHARD F. BOULWARE, II United States District Judge

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