What is the test for dismissing a motion seeking a declaration or injunction on pending state proceedings?
MultiRegion, United States of America
The following excerpt is from Cassells v. King, Case No. 1:14-cv-00891-LJO-SKO-HC (E.D. Cal. 2014):
Ordinarily, in an action seeking injunctive or declaratory relief or other relief that would have the same practical effect as a declaration or injunction on pending state proceedings, a district court must dismiss the federal proceedings when the district court determines that Younger abstention applies. Gilbertson v. Albright, 381 F.3d 968. Thus, it will be recommended that the petition be dismissed.
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