6:12-cv-01102-RBD-KRS Document 40
Filed 02/26/13 Page 1 of 2 PageID 299
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
MARK E. SCHMIDTER and
JULIAN P. HEICKLEN,
BELVIN PERRY, JR.,
This cause is before the Court on Plaintiff
Heicklen’s Motion for Temporary Restraining Order (Doc. 39),
filed February 25, 2013.
Plaintiff Heicklen moves the
Court to issue a temporary restraining order (“TRO”)
preventing his arraignment on February 21, 2013, in the Circuit Court
for the Ninth Judicial Circuit in and for Orange County, Florida. (Doc.
39.) The Court received the motion on February 25, 2013. Because the
Court did not receive the motion until after the scheduled date of the
arraignment, the relief requested cannot be granted and the motion is
hereby denied as moot.
Further, even if the Court
were to address the motion on the merits, it would deny the motion
pursuant to the Anti-Injunction Act, which provides that “[a]
court of the United States may not grant an injunction to stay
proceedings in a State court except as expressly authorized by Act of
Congress, or where necessary in aid of its jurisdiction, or to protect
or effectuate its judgments.” 28 U.S.C. § 2283; see also
Chick Kam Choo v. Exxon Corp., 486 U.S. 140, 146 (1988) (“Due in
no small part to the fundamental constitutional
independence of the States, . . . state proceedings should normally be
allowed to continue unimpaired by intervention of the lower federal
courts, with relief from error, if any, through the state appellate
courts and ultimately [the U.S. Supreme Court].” (citation and
internal quotation marks omitted)); Atl. Coast Line R.R. Co. v.
Locomotive Eng’rs, 398 U.S. 281, 295 (1970) (“[A] federal
court does not have inherent power to ignore the limitations of [the
Anti-Injunction Act] and to enjoin state court proceedings merely
because those proceedings interfere with a protected federal right . .
Accordingly, it is hereby ORDERED AND ADJUDGED that Plaintiff
Heicklen’s Motion for Temporary Restraining Order (Doc. 39) is DENIED AS MOOT.
DONE AND ORDERED in Chambers in Orlando, Florida, on
February 26, 2013.
ROY B. DALTON, JR.
United States District Judge
Pro Se Party
Counsel of Record