NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 25 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

MICHAEL DEVIN FLOYD, No. 22-16243

Plaintiff-Appellant, D.C. No. 3:22-cv-00751-CRB

v. MEMORANDUM* SAN JOSE POLICE DEPARTMENT; CITY OF SAN JOSE, City Clerk; CITY OF SAN JOSE, OFFICE OF THE CITY ATTORNEY; JOSHUA WHITE, SJPD Officer; DAKOTA PETERS, SJPD Officer; EUGENE ITO, SJPD Sergeant; DAVID MORENO, SJPD Officer; STATE OF CALIFORNIA,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Charles R. Breyer, District Judge, Presiding

Submitted July 18, 2023**

Before: SCHROEDER, RAWLINSON, and BADE, Circuit Judges.

Michael Devin Floyd appeals pro se from the district court’s order staying

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). his 42 U.S.C. § 1983 action alleging constitutional violations in connection with

his arrest. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the

district court’s abstention determination under Younger v. Harris, 401 U.S. 37

(1971). Bean v. Matteucci, 986 F.3d 1128, 1132 (9th Cir. 2021). We affirm.

The district court properly stayed Floyd’s action under the Younger

abstention doctrine because federal courts are required to abstain from interfering

with pending state judicial proceedings where the federal action would have the

practical effect of enjoining the state judicial proceeding. See Matteucci, 986 F.3d at 1133 (setting forth requirements for Younger abstention). Floyd also failed to

show that an exception to Younger applies. See Arevalo v. Hennessy, 882 F.3d 763, 765-66 (9th Cir. 2018) (explaining that federal court may decline to invoke

Younger abstention upon a showing of “bad faith, harassment, or some other

extraordinary circumstance”).

We do not consider Floyd’s contentions that are outside the scope of this

appeal.

All pending motions are denied.

AFFIRMED.

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