Opinion
No. 20-36070
02-22-2021
ROGER QUINN, Plaintiff-Appellant, v. JOANNE KIBODEAUX, Defendant-Appellee.
NOT FOR PUBLICATION
D.C. No. 1:20-cv-00291-DCN MEMORANDUM Appeal from the United States District Court for the District of Idaho
David C. Nye, District Judge, Presiding Before: FERNANDEZ, BYBEE and BADE, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Roger Quinn appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging claims related to a family court proceeding. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the application of abstention under Younger v. Harris, 401 U.S. 37 (1971). ReadyLink Healthcare, Inc. v. State Comp. Ins. Fund, 754 F.3d 754, 758 (9th Cir. 2014). We affirm.
The district court properly dismissed Quinn's action as barred under the Younger abstention doctrine because federal courts are required to abstain from interfering with pending state court proceedings where "the federal action would have the practical effect of enjoining the state proceedings." Id. at 758-59 (setting forth requirements for Younger abstention in civil cases, and explaining that "the date for determining whether Younger applies is the date the federal action is filed" (citation and internal quotation marks omitted)); H.C. ex rel. Gordon v. Koppel, 203 F.3d 610, 612-14 (9th Cir. 2000) (explaining that Younger abstention is appropriate where federal action seeks to challenge ongoing state child custody proceedings).
Quinn's motion for temporary injunction pending appeal (Docket Entry Nos. 9 and 10) is denied.
AFFIRMED.