Gonzalez

Gonzalez v. City of Bakersfield

Good Law
United States District Court, Eastern District of CaliforniaApril 3, 20231:23-cv-00208California1,805 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALLAN GONZALEZ, Case No. 1:23-cv-00208-ADA-CDB

Plaintiff, ORDER GRANTING DEFENDANTS’

MOTION FOR STAY

13 v. (Doc. 5) CITY OF BAKERSFIELD, et al. 15 Defendants. 16 Pending before the Court is Defendants City of Bakersfield and Douglas Barrier’s (“Defendants”) motion to stay, together with a request for judicial notice, filed on March 8, 2023. (Doc. 5). Defendants move to stay this civil rights action until a pending criminal matter against Plaintiff Allan Gonzalez (“Plaintiff”) concludes. Id. Defendants argue civil proceedings should be stayed based on Younger Abstention, the Supreme Court’s decision in Heck v. Humphrey, and given the likelihood that Plaintiff will assert his Fifth Amendment privilege in this action. Id. Plaintiff did not file an opposition to Defendants’ motion, and the time to do so has passed. For the foregoing reasons the Court will grant Defendants’ request for a stay. /// ///

27 1 Plaintiff’s failure…

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