Alan Ness v. Kamala Harris

523 F. App'x 457

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 13, 2013
• Docket: 12-16635, 12-16950
• Status: Unpublished

Opinion

MEMORANDUM ***

In No. 12-16950, Mitchell J. Stein appeals from an order dismissing his 42 U.S.C. § 1983 action on the basis of Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971). District courts are required to abstain from jurisdiction and dismiss the suit under “Younger where: (1) state proceedings are ongoing [at the time the federal suit is filed]; (2) important state interests are involved; and (3) the plaintiff has an adequate opportunity to litigate federal claims in the state proceedings.” Canatella v. California, 304 F.3d 843, 850 (9th Cir.2002). The underlying Attorney General’s civil enforcement action against Stein and the State Bars assumption proceedings satisfy these criteria. See Middlesex Cnty. Ethics Comm. v. Garden State Bar Ass’n, 457 U.S. 423, 431-35, 102 S.Ct. 2515, 73 L.Ed.2d 116 (1982). Stein has not shown that the state actions are inadequate for him to raise any constitutional or other federal claims he may have. See id. at 435-36, 102 S.Ct. 2515.

In No. 12-16635, Stein and some of his former clients appeal the denial of “a temporary restraining order and order to show cause regarding preliminary injunction.” Our disposition of the appeal from the final judgment of dismissal in No. 12-16950 renders the propriety of preliminary relief moot. See Taylor v. United States, 181 F.3d 1017, 1022 n. 9 (9th Cir.1999) (en banc); Mt. Graham Red Squirrel v. Madigan, 954 F.2d 1441, 1450 (9th Cir.1992).

No. 12-16950 AFFIRMED; No. 12-16635 DISMISSED. 1

*** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

1 . All outstanding motions for judicial notice are denied as unnecessary.