Soho v. State of Oregon Department of Justice et al

Filing 9

ORDER: Granting Defendants' Motion to Dismiss 6 . This action is dismissed without prejudice. Signed on 2/17/2009 by Judge Owen M. Panner. (dkj)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
SANDRA SOHO,

Plaintiff,
v.

STATE OF OREGON DEPARTMENT OF JUSTICE; KLAMATH COUNTY CIRCUIT COURT; JUDGE ISAACSON; AND DOES I through X, inclusive, Defendants.

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)

CV 09-3001-PA
ORDER

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PR -,

Judge.

I previously denied Plaintiff Sandra Sohofsrequest for a

temporary restraining order enjoining the Klamath County Circuit
Court from proceeding with trial in a criminal matter.

I now grant Defendantsf motion to dismiss this action
without prejudice. For the reasons stated in the order denying

the request for a temporary restraining order, very few circumstances that justify a federal court enjoining a pending state criminal proceeding. See Younser v. Harris, 401 U.S. 37
(1971). This case does not implicate any of those circumstances.

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ORDER

In addition, the trial that Soho had asked this court to enjoin is now complete. Any direct appeal from the verdict must
be filed with the state court, and not in this federal court.

Oregon also has procedures that must be followed by persons seeking post-conviction relief. Those procedures do not begin in

a federal court. No other relief is appropriate at this time.
Conclusion Defendants' ~otion( # 6) to is dismissed without prejudice.
IT IS
SO ORDERED.

is miss is granted. This action

DATED this 17th day of February, 2009.

OWEN M. PAWNER UNITED STATES DISTRICT JlTDGE

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ORDER