Roger Quinn v. Joanne Kibodeaux ( 2021 )


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  •                            NOT FOR PUBLICATION                           FILED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. § 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,
    *
    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