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Spadaro v. Office of District Attorney of the County of San Bernardino

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


August 20, 2009

CHARLOTTE SPADARO
v.
OFFICE OF DISTRICT ATTORNEY OF THE COUNTY OF SAN BERNARDINO, ET AL.

The opinion of the court was delivered by: Honorable S. James Otero, United States District Judge

Priority Send Enter Closed Scan Only

CIVIL MINUTES - GENERAL

ORDER DENYING PLAINTIFF'S REQUEST TO STAY AND/OR ENJOIN STATE CRIMINAL PROCEEDINGS

This matter is before the Court on pro se Plaintiff Charlotte Spadaro's Complaint.*fn1 In the Complaint, Spadaro states that she faces a criminal trial in state court on August 24, 2009. (Compl. ¶ 2.) As the Complaint seeks to enjoin the trial, which is scheduled to begin in four days, the Court construes it as a request for emergency injunctive relief.

In the Complaint, Spadaro asks the Court to order Defendant Office of the District Attorney of the County of San Bernardino to: (1) "provide the requisite specificity of criminal charges for Plaintiff's criminal case, so that Plaintiff may properly prepare," and to (2) "provide all evidence in their possession relating to Plaintiff, and relating to their own conduct relative to Plaintiff's case." Id. ¶¶ 64, 67. Spadaro asks this Court to stay the state court proceeding pending a hearing on her Complaint in this Court. Id. ¶ 69.

Spadaro has provided the Court with no legal basis on which to grant the relief sought. Moreover, federal courts "may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments." 28 U.S.C. § 2283. In addition, equitable principles dictate that absent a showing of "bad faith, harassment, or any other unusual circumstance," federal courts should abstain from enjoining state criminal proceedings. Younger v. Harris, 401 U.S. 37, 54 (1971). As Spadaro has cited no statute which authorizes this court to enjoin the state proceedings, and has made no showing of bad faith, harassment, or other unusual circumstances, the Court DENIES her request.

IT IS SO ORDERED.


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