Opinion
No. C 03-4049 MMC (PR), (Docket No. 2)
October 16, 2003
ORDER OF DISMISSAL; GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS
Petitioner, a California prisoner proceeding pro se, filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges a conviction from the San Francisco County Superior Court. He indicates in his petition that his direct appeal of that conviction is now pending before the California Court of Appeal.
Under principles of comity and federalism, a federal court should not interfere with ongoing state criminal proceedings by granting injunctive or declaratory relief absent extraordinary circumstances. See Younger v. Harris, 401 U.S. 37, 43-54 (1971); Samuels v. Mackell, 401 U.S. 66, 68-74 (1971). Younger abstention is required when: (1) state proceedings, judicial in nature, are pending; (2) the state proceedings involve important state interests; and (3) the state proceedings afford adequate opportunity to raise the constitutional issues. See Middlesex County Ethics Comm. v. Garden State Bar Ass'n, 457 U.S. 423, 432 (1982). The rationale of Younger applies throughout appellate proceedings, requiring that state appellate review of a state court judgment be completed before federal court intervention is permitted. See Huffman v. Pursue, Ltd., 420 U.S. 592, 607-11 (1975); Dubinka v. Judges of the Superior Court, 23 F.3d 218, 223 (9th Cir. 1994) (finding state court proceedings pending where criminal trial completed at time of abstention decision). Here, criminal proceedings are still considered pending against petitioner in state court because of the pending appeal in the California Court of Appeal. There is no indication that petitioner does not have an adequate opportunity to present his claims in those proceedings Because a decision on the instant federal petition would interfere with the pending criminal proceedings in the state court, this Court must abstain from deciding the instant petition.
Accordingly, the instant petition is DISMISSED without prejudice to refiling upon the completion of the state court appellate proceedings.
The application to proceed in forma pauperis is GRANTED.
This order terminates docket number 2.
The Clerk shall close the file.
IT IS SO ORDERED.
JUDGMENT IN A CIVIL CASE
Jury Verdict.This action came before the Court for a trial by jury. The issues have been tried and — the jury has rendered its verdict.
Decision by Court. This action came to trial or hearing before the Court. The issues have been — tried or heard and a decision has been rendered.IT IS ORDERED AND ADJUDGED the instant peition is DISMISSED without prejudice to refiling upon the completion of the state court appellate proceedings. The application to proceed in forma pauperis is GRANTED.