Dios La Iglesia De Laities De Sacred Holysacramento--sacrament; and James O'leary, Sr.,reverend, Plaintiffs-appellants, v. State of California; State of California Lands Commission;california Department of Fish and Game; City Ofwest Sacramento; Ramos Oil Co.,defendants-appellees,andmarine Safety Office; U.S. Coast Guard, Defendants, 122 F.3d 1070 (9th Cir. 1997)

MEMORANDUM^* 

Reverend James O'Leary, Sr. appeals pro se the district court's dismissal of his civil rights action under the Younger abstention doctrine. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

We review de novo a district court's decision to abstain under Younger v. Harris, 401 U.S. 37 (1971). See Wiener v. County of San Diego, 23 F.3d 263, 266 (9th Cir. 1994).

A district court must abstain from exercising jurisdiction where: "(1) state judicial proceedings are pending; (2) the state proceedings involve important state interests; and (3) the state proceedings afford the federal plaintiff an adequate opportunity to litigate federal constitutional claims. Id. (setting forth criteria for abstention under Younger v. Harris, 401 U.S. 37 (1971)).

First, the State of California's action against O'Leary was underway prior to the filing of the federal complaint and the state-court action was still pending when the district court decided to abstain. See Wiener, 23 F.3d at 266-67. Second, the state-court action alleged violations of state nuisance laws, which involve an important state interest. See World Famous Drinking Emporium, Inc. v. City of Tempe, 820 F.2d 1079, 1082-83 (9th 1987). Last, O'Leary did not demonstrate that he was unable to present his federal constitutional claims in state court. See id. at 1083 (concluding that state-initiated nuisance proceedings provide an adequate opportunity to litigate federal constitutional claims).

Accordingly, because all of the Younger requirements are met, the district court properly abstained. See Wiener, 23 F.3d at 266.

AFFIRMED.