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CALVARY CHAPEL SAN JOSE v. COUNTY OF SANTA CLARA

No. 23-15445.

CALVARY CHAPEL SAN JOSE, a California Non-Profit Corporation; MIKE McCLURE, Plaintiffs-Appellants, v. COUNTY OF SANTA CLARA; JAMES R. WILLIAMS, Defendants-Appellees, and SARA H. CODY, in her official capacity as Santa Clara County Public Health Officer; MIKE WASSERMAN, in his official capacity as a Santa Clara County Supervisor; CINDY CHAVEZ, in his official capacity as a Santa Clara County Supervisor; DAVE CORTESE, in his official capacity as a Santa Clara County Supervisor; SUSAN ELLENBERG, in her official capacity as a Santa Clara County Supervisor; JOE SIMITIAN, in his official capacity as a Santa Clara County Supervisor, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed April 16, 2024.

NOT FOR PUBLICATION

MEMORANDUM*

Plaintiffs Calvary Chapel San Jose and Pastor Mike McClure ("Calvary"), appeal the district court's dismissal of their action challenging the constitutionality of public health orders issued by California and Santa Clara County during the COVID-19 pandemic. Because of the County's pending state enforcement proceedings against Calvary, the district court abstained under the Younger<...

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