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DeLoney v. Rodriguez

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 3, 2010

RICKEY B. DELONEY, PLAINTIFF,
v.
JOHN R. RODRIGUEZ, DEFENDANT.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff, a county inmate proceeding pro se has filed an action pursuant to 42 U.S.C. § 1983. Plaintiff has not, however, filed an in forma pauperis affidavit or paid the required filing fee.

Plaintiff states that his defense attorney is ineffective. Based on plaintiff's brief complaint, it appears that petitioner is attempting to challenge ongoing criminal proceedings against him.*fn1 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 within fourteen days of the date of service of this order, petitioner shall show cause why this action should not be dismissed pursuant to the Younger abstention doctrine.


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