CUNIO v. BROWN

No. 15-35519.

STERLING RAY CUNIO, Plaintiff-Appellant, v. KATE BROWN, in her Official Capacity as Governor of the State of Oregon; COLETTE PETERS, in her Official Capacity as Director of the Oregon Department of Corrections; KRISTIN A. WINGES-YANEZ, in her Official Capacity as Chairperson, Oregon Board of Parole and Post-Prison Supervision; jointly and severally, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 13, 2017.


NOT FOR PUBLICATION

MEMORANDUM*

Cunio appeals the district court's dismissal of his 42 U.S.C. § 1983 claim on Younger abstention grounds. We review de novo whether Younger abstention applies. Green v. City of Tucson, 255 F.3d 1086, 1093 (9th Cir. 2001) (en banc).

Younger abstention is only appropriate if "the federal plaintiff is not barred from...

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