Shane Sopher v. Michael Washington

MEMORANDUM

Plaintiff has correctly conceded that a state-court proceeding is “pending” within the meaning of Younger v. Harris, 401 U.S. 37, 41 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971). Although plaintiff filed his federal action first, no “proceedings of substance on the merits” had occurred in federal court before the state action began. M & A Gabaee v. Cmty. Redevelopment Agency of LA., 419 F.3d 1036, 1041 (9th Cir.2005); see Fresh Inti Corp. v. Agric. Labor Relations Bd., 805 F.2d 1353 , 1358 n. 5 (9th Cir.1986).

The pending state-court action now provides plaintiff with an adequate opportunity to raise his due process claim. State ex rel. Sopher v. Washington (Sopher VI), 233 Or.App. 228 , 225 P.3d 142, 146-47 (2010). Adjudicating Sopher’s constitutional claims would “have the practical effect of enjoining” that proceeding through the application of preclusion rules. AmerisourceBergen Corp. v. Roden, 495 F.3d 1143,1149 (9th Cir.2007); see Gilbertson v. Albright, 381 F.3d 965, 978 (9th Cir.2004) (en banc). Plaintiff does not contest that this suit implicates important state interests, nor could he. See Preiser v. Rodriguez, 411 U.S. 475, 491-92 , 93 S.Ct. 1827 , 36 L.Ed.2d 439…