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Jackson v. Solano County Public Defender

United States District Court, E.D. California
Feb 18, 2010
No. 2:09-cv-2254 KJN P (E.D. Cal. Feb. 18, 2010)

Opinion

No. 2:09-cv-2254 KJN P.

February 18, 2010


ORDER


Plaintiff is a state prisoner proceeding without counsel. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302.

It appears that petitioner is attempting to challenge ongoing criminal proceedings against him. Principles of comity and federalism weigh against a federal court interfering with ongoing state criminal proceedings by granting injunctive or declaratory relief absent extraordinary circumstances. Younger v. Harris, 401 U.S. 37, 43-54 (1971). Petitioner has not demonstrated the existence of extraordinary circumstances that warrant interference in the ongoing state criminal proceedings. Accordingly, petitioner is ordered to show cause why this action should not be dismissed pursuant to the Younger abstention doctrine described above.

In accordance with the above, IT IS HEREBY ORDERED that:

1. Within twenty-one days of the date of this order, petitioner shall show cause why this action should not be dismissed pursuant to the Younger abstention doctrine.


Summaries of

Jackson v. Solano County Public Defender

United States District Court, E.D. California
Feb 18, 2010
No. 2:09-cv-2254 KJN P (E.D. Cal. Feb. 18, 2010)
Case details for

Jackson v. Solano County Public Defender

Case Details

Full title:RACARDO JACKSON Plaintiff, v. SOLANO COUNTY PUBLIC DEFENDER Defendants

Court:United States District Court, E.D. California

Date published: Feb 18, 2010

Citations

No. 2:09-cv-2254 KJN P (E.D. Cal. Feb. 18, 2010)