Blake

Blake v. Baca

Good Law
72 F. App'x 585
United States Court of Appeals for the Ninth CircuitJuly 30, 2003No. 02-56102; D.C. No. CV-02-00987-FMCCalifornia436 words

Opinion

Lead Opinion

MEMORANDUM **

Barry Blake appeals the dismissal of his petition for a writ of habeas corpus following the California state court’s determination that he falls within the statutory requirements for civil commitment under the Sexually Violent Predators Act, Cal. Wei. & Inst.Code § 6600 et seq. We affirm the dismissal.

Blake argues the state court’s interpretation of § 6600(a) violates his Fifth and Fourteenth Amendment due process rights. Respondent argues that the court should abstain from reviewing the petition as state remedies are unexhausted and the petition fails to state a federal claim.

Younger abstention is appropriate. Younger v. Harris, 401 U.S. 37, 41 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971). Younger is applicable to noncriminal judicial proceedings. See Quackenbush v. Allstate Ins. Co., 517 U.S. 706, 717-718 , 116 S.Ct. 1712 , 135 L.Ed.2d 1 (1996); Hirsch v. Justices of Supreme Court of State of Cal., 67 F.3d 708, 712 (9th Cir.1995). The civil commitment proceedings brought against Blake are judicial in nature and implicate important state interests. Younger, 401 U.S. at 43 . The only question at issue here is whether Blake will have an adequate opportunity to litigate…

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