Opinion
NO. CIV. S-12-1869 LKK/GGH
07-17-2012
ANGELA MARGIS, Plaintiff, v. U.S. BANK NATIONAL ASSOCIATION, and SAND CANYON f/k/a OPTION ONE MORTGAGE CORPORATION, Defendants.
ORDER
Plaintiff, proceeding pro se, has presented to this court an application for a Temporary Restraining Order. As best the court can tell from the papers submitted, plaintiff objects to certain State court proceedings that will allow defendants to "execut[e] the judgment on unlawful detainer," or in other words, evict her. However it appears that the eviction is currently subject to a State court "stay pending appeal." Finally, it appears that there is a hearing in State court on July 17, 2012, on whether that stay should be lifted.
Plaintiff seems to be requesting that this court (1) stay the eviction itself, and/or (2) enjoin the State court hearing on whether the stay on the eviction should be lifted.
This court cannot grant the requested TRO.
This court cannot enjoin or otherwise interfere with the State court proceeding, including the hearing on whether the stay should be lifted. See 28 U.S.C. § 2283 (prohibiting stay of State court proceedings). The court is aware of no exception to this rule that could apply in this case. See, e.g., McFarland v. Scott, 512 U.S. 849, 857 (1994) (exception for federal habeas corpus); Mitchum v. Foster, 407 U.S. 225 (1972) (exception for 42 U.S.C. § 1983).
Moreover, it appears to be premature for this court to even consider enjoining the eviction, since it is already subject to a State court stay. The stay may well be extended at the July 17, 2012 hearing, rendering this application even more premature. Even if there is a cognizable claim here for enjoining the eviction, it is not ripe as long as the State court stay - already enjoining the eviction - is still in place.
Accordingly, plaintiff's application for a TRO is hereby DENIED.
IT IS SO ORDERED.
__________________
LAWRENC K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT