ENGLISH III v. CAMPAGNOLO (2018)

MEMORANDUM *

Arizona state pretrial detainee Josiah English, III, appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action challenging his state court grand jury and child custody proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court's dismissal under the Younger abstention doctrine. ReadyLink Healthcare, Inc. v. State Comp. Ins. Fund, 754 F.3d 754, 758 (9th Cir. 2014). We affirm.

The district court properly dismissed English'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) ).

We do not consider arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

English's request for a temporary restraining order, set forth in his opening brief, is denied.

English's motion for clarification (Docket Entry No. 10) is granted.

AFFIRMED.