Does Respondent have the authority to dismiss the Motion to Dismiss the Application?
MultiRegion, United States of America
The following excerpt is from Perez v. Spearman, No. 2:19-CV-1223-KJM-DMC-P (E.D. Cal. 2020):
Respondent seeks dismissal of this action because, at the time of filing their motion to dismiss, petitioner's resentencing appeal was still pending. Respondent argues that under Younger v. Harris, 401 U.S. 37 (1971), " . . .basic principles of comity and federalism require federal courts to abstain from interfering with pending state criminal proceedings." ECF
Page 3
No. 13, pg. 2. Specifically, respondent states that:
ECF No. 13, pg. 3.
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