Barnes

MEMORANDUM **

Frederick Lee Jackson, a California state prisoner, appeals pro se from an order staying his 42 U.S.C. § 1983 action pursuant to Colorado River Water Con-serv. Dist. v. United States, 424 U.S. 800 , 96 S.Ct. 1236 , 47 L.Ed.2d 483 (1976) (“Colorado River”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo whether the requirements for abstention have been met, and if they have been met, we review for abuse of discretion the district court’s decision to abstain. Fireman’s Fund Ins. Co. v. Quackenbush, 87 F.3d 290, 294 (9th Cir.1996). We vacate and remand.

Jackson alleged the defendants violated the Fifth Amendment by using his un- Mirandized statement against him to obtain a conviction, a conviction this court overturned on habeas review. The magistrate judge stayed the action pursuant to Colorado River on the ground that if Jackson were convicted on retrial without the rm-Mirandized statement, it would “sharply undercut” the causation and damages elements of his section 1983 claim.

A Fifth Amendment violation occurs when an un-Mirandized statement is used against the speaker of the statement in a criminal trial, not when the speaker is convicted…