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NOT FOR PUBLICATION FILED FEB 22 2021 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ROGER QUINN, No. 20-36070 Plaintiff-Appellant, D.C. No. 1:20-cv-00291-DCN v. MEMORANDUM* JOANNE KIBODEAUX, Defendant-Appellee. Appeal from the United States District Court for the District of Idaho David C. Nye, District Judge, Presiding Submitted February 17, 2021** Before: FERNANDEZ, BYBEE and BADE, Circuit Judges. Roger Quinn appeals pro se from the district court’s judgment dismissing his
42 U.S.C. § 1983action 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, * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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. 2 20-36070
Document Info
Docket Number: 20-36070
Filed Date: 2/22/2021
Precedential Status: Non-Precedential
Modified Date: 2/22/2021