Richard Lee Thompson, Plaintiff-appellant, v. Fife Symington, Governor of Arizona; Grant Woods, Attorneygeneral, Ann Sterling, Judge; David Markey Andsuperior Court, Yavapai County, Division3, Defendants-appellees, 73 F.3d 370 (9th Cir. 1995)Annotate this Case
Before: SNEED, TROTT and HAWKINS, Circuit Judges.
Richard Lee Thompson, an Arizona state prisoner awaiting his criminal trial in Yavapai County Superior Court for attempted first degree murder and dangerous assault on a prisoner, appeals pro se the district court's dismissal without prejudice of his 42 U.S.C. § 1983 action pursuant to Younger v. Harris, 401 U.S. 37 (1971). He sought an order from the district court prohibiting the State of Arizona from prosecuting him. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Federal courts will not interfere with pending state criminal proceedings "except under extraordinary circumstances where the danger of irreparable loss is both great and immediate." World Famous Drinking Emporium v. City of Tempe, 820 F.2d 1079, 1082 (9th Cir. 1987). We find no extraordinary circumstances here. Accordingly, the district court's dismissal without prejudice of Thompson's action is