Agustin

Agustin v. County of Alameda

Good Law
234 F. App'x 521
United States Court of Appeals for the Ninth CircuitJune 11, 2007No. 06-15323California363 words

Opinion

Lead Opinion

MEMORANDUM **

Benjamin D. Agustín appeals pro se from the district court’s sua sponte order of dismissal based on Younger abstention. See Younger v. Harris, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971). We have jurisdiction under 28 U.S.C. § 1291 . We review a district court’s decision to abstain de novo, Green v. City of Tucson, 255 F.3d 1086 , 1093 (9th Cir.2001) (en banc), overruled in part on other grounds, Gilbertson v. Albright, 381 F.3d 965, 976-78 (9th Cir. 2004) (en banc). We may affirm on any basis supported by the record even if the district court did not rely on that basis. See United States v. State of Wash., 969 F.2d 752, 755 (9th Cir.1992). We affirm.

The district court did not err when it dismissed the case under the Younger abstention doctrine. See Gilbertson, 381 F.3d at 978 (setting forth Younger abstention doctrine requirements). The County of Alameda’s state court action against Agustín to collect child support payments is ongoing, the state court proceedings implicate important state interests, and the state court proceedings provide Agustín an adequate opportunity to litigate federal claims. See id. Further, the district court did not err when it…

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