U.S. Court of Appeals for the Eighth Circuit, 2004

Gabriel W. Mills v. David Laser

Gabriel W. Mills v. David Laser
U.S. Court of Appeals for the Eighth Circuit · Decided September 7, 2004 · Murphy, Fagg, Smith
109 F. App'x 131

Gabriel W. Mills v. David Laser

Opinion

PER CURIAM.

Gabriel W. Mills appeals the district court’s 1 dismissal, under the Younger 2 abstention doctrine, of his 42 U.S.C. § 1983 action. We conclude that the district court did not abuse its discretion in declining to exercise jurisdiction in light of ongoing state proceedings. See Night Clubs, Inc. v. City of Fort Smith, Ark., 163 F.3d 475, 479 (8th Cir. 1998) (standard of review). Accordingly, we affirm, see 8th Cir. R. 47B, but we modify the dismissal to be without prejudice, see Anderson v. Schultz, 871 F.2d 762, 766 (8th Cir. 1989) (dismissal without prejudice is appropriate when court abstains under Younger).

1

. The Honorable Susan Webber Wright, Chief Judge, United States District Court for the Eastern District of Arkansas.

2

. See Younger v. Harris, 401 U.S. 37, 46, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971).

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