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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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DONALD C. DORNIN,
Petitioner,

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vs.

Case No. 2:15-cv-01007-RFB-NJK
ORDER

JOE LOMBARDO, et al.,
Respondents.

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Petitioner has filed a habeas petition challenging his pending criminal case and anticipated

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sentencing in a state criminal case. While a federal court may hear a petition for an individual in

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custody who has not yet been sentenced or convicted, principles of comity generally require the

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federal court to abstain, absent extraordinary circumstances, from any intervention into the state

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court proceeding until it has been completed. Carden v. Montana, 626 F.2d 82, 83-84 (9th Cir.),

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cert. denied, 449 U.S. 1014, 101 S. Ct. 573, 66 L. Ed. 2d 473 (1980).

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The Court does not find that there are extraordinary circumstances in this case warranting

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intervention in the state court criminal proceeding. Id. Petitioner did file a response to the Order

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to Show Cause filed by this Court, but his response did not establish a basis for this Court to

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intervene in his state case. Id. The petitioner in this case may seek whatever federal habeas relief

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that is legally appropriate upon the completion of his state criminal case, including his pursuit of

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direct appeals and state habeas proceedings.

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IT IS THEREFORE ORDERED that this case is dismissed without prejudice to petitioner

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seeking federal habeas relief upon the completion of his state court criminal proceedings and

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appeals and state habeas challenges.

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DATED: January 10, 2018.

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_________________________________
RICHARD F. BOULWARE, II
United States District Judge