(PC) Bosley v. Truckee Police Department

Good Law
United States District Court, Eastern District of CaliforniaMay 7, 20242:23-cv-02994California999 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JACOB M. BOSLEY, Case No. 2:23-cv-02994-JDP (PC) Plaintiff, ORDER FINDING THAT THE

COMPLAINT FAILS TO STATE A

v. VIABLE CLAIM AND GRANTING

LEAVE TO AMEND

TRUCKEE POLICE DEPARTMENT, ECF No. 1 Defendant.

ORDER

GRANTING PLAINTIFF’S APPLICATION

TO PROCEED IN FORMA PAUPERIS ECF No. 5 19 20 Plaintiff brings this action against the Truckee Police Department and alleges that criminal charges have wrongly been brought against him in state court. ECF No. 1 at 3. I find, for the reasons stated below, that the court should abstain from hearing his claims under the abstention doctrine in Younger v. Harris, 401 U.S. 37, 91 S. Ct. 746 (1971). Rather than recommend immediate dismissal, I will give plaintiff an opportunity to amend and to explain why his claims are not barred by Younger. I will also grant plaintiff’s application to proceed in forma pauperis. 27…

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