Jacobs

MEMORANDUM **

Michael Jacobs brought this action under 42 U.S.C. § 1983 against District Attorney Tony Rackauckas, Chief Assistant District Attorney Charles Middleton, and Orange County, alleging that he was discharged for exercising his First Amendment right to speak out on matters of public concern. Jacobs also brought an action against the same parties 1 in California Superior Court, claiming that he was discharged in violation of California law. A California Superior Court jury returned a verdict in favor of Rackauckas, Middleton, and Orange County, and judgment was entered.

In the case before us, the district court concluded that there was a “high probability that the state court action, if it becomes final, will be found to have preclusive res judicata effect on this federal action.” Therefore, “[i]n the interest of justice and to prevent the waste of judicial resources,” the district court stayed the federal proceedings “pending the finality of the state court action between the parties.” Jacobs appeals the district court’s order staying the proceedings. We dismiss this appeal as moot and remand to the district court.

After Jacobs filed the instant appeal, the California…