Paul Castonguay, Sr. v. Jack Taff, et al, No. 10-1663 (8th Cir. 2010)

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Court Description: Civil case - civil rights. Preservice dismissal affirmed without comment.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 10-1663 ___________ Paul Castonguay, Sr., Appellant, v. Jack Taff; Cathy Taff, Appellees. * * * * Appeal from the United States * District Court for the * District of Nebraska. * * [UNPUBLISHED] * ___________ Submitted: August 20, 2010 Filed: August 25, 2010 ___________ Before LOKEN, MURPHY, and BENTON, Circuit Judges. ___________ PER CURIAM. Paul Castonguay appeals the district court s1 preservice dismissal without prejudice of his pro se 42 U.S.C. ยง 1983 complaint. Upon careful de novo review, we conclude that the district court did not abuse its discretion in abstaining under Younger v. Harris, 401 U.S. 37 (1971), because Castonguay s complaint sought intervention in state-court adoption proceedings. See Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000) (per curiam) (standard of review for dismissal); Norwood v. 1 The Honorable Laurie Smith Camp, United States District Judge for the District of Nebraska. Dickey, 409 F.3d 901, 903 (8th Cir. 2005) (abstention holding reviewed for abuse of discretion). Accordingly, we affirm. ______________________________ -2-

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