Testo completo
1The HONORABLE RALPH R. ERICKSON, Chief Judge of the United States
District Court for the District of North Dakota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 10-1481
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David Meador, *
*
Appellant, * Appeal from the United States
* District Court for the
v. * District of North Dakota.
*
John T. Paulson and Lee Grossman, * [UNPUBLISHED]
*
Appellees. *
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Submitted: July 6, 2010
Filed: July 16, 2010
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Before LOKEN, BYE, and SHEPHERD, Circuit Judges.
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PER CURIAM.
David Meador appeals the dismissal of his 42 U.S.C. § 1985 action against a
state prosecutor and state court judge. We conclude that the district court 1 did not
abuse its discretion in electing to abstain under Younger v. Harris, 401 U.S. 37 (1971),
because at the time of the court’s order, a state criminal proceeding against Meador
was ongoing; the proceeding implicated the important state interest of enforcing its
criminal laws; and Meador can (and did) raise his constitutional claim in that
proceeding. See Yamaha Motor Corp., U.S.A. v. Stroud, 179 F.3d 598, 602 (8th Cir.
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-2-
1999) (standard of review); Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir. 2005)
(factors warranting abstention). We reject Meador’s arguments that an exception to
Younger applied, or that the district court improperly applied a heightened standard
of review to his pro se complaint. Accordingly, we affirm. See 8th Cir. R. 47B.
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