United States Ex Rel. Mariano v. Tsosie

MEMORANDUM OPINION

HANSEN, District Judge.

The issue before me in this matter is whether or not I should abstain sua sponte. All three parties oppose abstention. Having reviewed the record, briefs of the parties requested by the Court on this specific issue, and applicable case law, I conclude that I must consider the Indian abstention doctrine sua sponte and that, having done so, abstention and comity principles, as applied to the facts of this case, require me to abstain. Accordingly, I dismiss this federal court action without prejudice.

I. Historical and Procedural Background

This is a civil…