(PC) Bosley v. Truckee Police Department
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JACOB M. BOSLEY, Case No. 2:23-cv-02994-JDP (PC) 12 Plaintiff, ORDER FINDING THAT THE
COMPLAINT FAILS TO STATE A
13 v. VIABLE CLAIM AND GRANTING
LEAVE TO AMEND
14 TRUCKEE POLICE DEPARTMENT, ECF No. 1 15 Defendant.
ORDER
16
GRANTING PLAINTIFF’S APPLICATION
17 TO PROCEED IN FORMA PAUPERIS 18 ECF No. 5 19 20 21 Plaintiff brings this action against the Truckee Police Department and alleges that criminal 22 charges have wrongly been brought against him in state court. ECF No. 1 at 3. I find, for the 23 reasons stated below, that the court should abstain from hearing his claims under the abstention 24 doctrine in Younger v. Harris, 401 U.S. 37, 91 S. Ct. 746 (1971). Rather than recommend 25 immediate dismissal, I will give plaintiff an opportunity to amend and to explain why his claims 26 are not barred by Younger. I will also grant plaintiff’s application to proceed in forma pauperis. 27…