Herships
Herships v. State of California Superior Court
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 HOWARD HERSHIPS, Case No. 3:20-cv-07208-JD
Plaintiff,
ORDER RE TRO AND PRELIMINARY
v. INJUNCTION
LAURIE SMITH, et al., Defendants.
12 Pro se plaintiff Howard Herships asks for a temporary restraining order and preliminary injunction to enjoin defendant, the Appellate Division of the California Superior Court, County of Santa Clara, from holding oral argument on his pending criminal appeal. Dkt. No. 16. Herships also requests a TRO to enjoin William Safford, his court-appointed attorney, from preventing him from raising certain issues at oral argument. Id. at 3; Dkt. No. 16-2 at ECF 9. Argument in his appeal is set for November 18, 2022. Dkt. No. 16 at 2. A TRO and injunction are denied. Under principles of comity and federalism, a federal court should not interfere with ongoing state criminal proceedings by granting injunctive or declaratory relief absent extraordinary circumstances. See Younger v. Harris, 401 U.S. 37,…