Citation Codes Equivalent Citations citation codes Docket Number No. 18063. Attorney(S) Carl H. Carter, pro se. Alfred M. Bitting, Mounty Holly, N. J., and Sidney W. Bookbinder, Burlington, N. J., for appellees. Judges Austin Leander Staley Francis Lund Van Dusen Max Rosenn Acts Judiciary And Judicial Procedure — District Courts; Jurisdiction — Jurisdiction And Venue — Civil Rights And Elective Franchise See more information ... Smart Summary Please sign up to generate summary. CARL H. CARTER, APPELLANT, v. CHIEF OF POLICE ET AL. OPINION OF THE COURT PER CURIAM: This is an appeal from a district court order which dismissed appellant's "petition for stay of state criminal proceedings." The appellant, Carl H. Carter, is presently incarcerated in the United States Penitentiary at Lewisburg, Pennsylvania. Appellant invoked the jurisdiction of the district court under 28 U.S.C. § 1343(3). He sought a stay of state criminal proceedings arising out of his arrest of February 8, 1966, for forgery, counterfeiting, and conspiracy. In addition appellant sought the suppression and return of certain property seized by state authorities at the time of his arrest. Appellant's petition, however, contained no allegation that a prosecution had been commenced or threatened against him. The statutory period of limitations for the offenses involved here is five years. Limitations of Prosecutions, NJSA 2A:-159-2 (1971). This is not a proper case to bring into play the Federal court's equitable jurisdiction in order to enjoin a state prosecution. "* * * A federal lawsuit to stop a prosecution in a state court is a serious matter. And persons having no fears of state prosecution except those that are imaginary or speculative, are not to be accepted as appropriate plaintiffs in such cases." Younger v. Harris, 401 U.S. 37, 42, 91 S.Ct. 746, 749, 27 L.Ed.2d 669 (1971); see Samuels v. Mackell, 401 U.S. 66, 91 S.Ct. 764, 27 L.Ed.2d 688 (1971); Boyle v. Landry, 401 U.S. 77, 91 S.Ct. 758, 27 L.Ed.2d 696 (1971); Perez v. Ledesma, 401 U.S. 82, 91 S.Ct. 674, 27 L.Ed.2d 701 (1971). The order of the district court will be affirmed.