Young

Young v. Trans Union

Good Law
260 F. App'x 1
United States Court of Appeals for the Ninth CircuitDecember 10, 2007No. 06-16051California416 words

Opinion

Lead Opinion

ORDER

The memorandum disposition filed on July 16, 2007, is withdrawn. A replacement memorandum disposition will be filed concurrently with this order.

Appellant’s motion for publication, petition for rehearing and petition for rehearing en banc are denied as moot.

MEMORANDUM **

Howard Young appeals pro se from the district court’s judgment dismissing his action against numerous defendants arising out of his ongoing criminal prosecution in California state court. We review de novo a dismissal pursuant to 28 U.S.C. § 1915 . Ramirez v. Galaza, 334 F.3d 850, 853-54 (9th Cir.2003). This Court may raise the issue of Younger abstention at any point during the appellate process. H.C. ex rel. Gordon v. Koppel, 203 F.3d 610, 613 (9th Cir.2000). We vacate the district court’s judgment and remand with instructions to abstain from exercising jurisdiction over the action for damages and to stay the action until the state criminal proceeding has been completed.

The district court improperly treated Young’s Fair Credit Reporting Act and state and federal Right to Financial Privacy Act claims as brought under 42 U.S.C. § 1983 and then dismissed them as barred *3 under Heck v. Humphrey, 512…

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