McGee

McGee v. Enfante

Good Law
United States District Court, Northern District of CaliforniaMarch 30, 20233:23-cv-00375California328 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ANTHONY MCGEE, Case No. 23-cv-00375-AGT

Plaintiff,

ORDER STAYING FURTHER

v. PROCEEDINGS

CHRISTOPHER ENFANTE, et al., Defendants.

Plaintiff is being prosecuted in Alameda County Superior Court for failing to register as a sex offender under California Penal Code sections 290(b) and 290.018(b). See Dkt. 1 at 13– 14. In the civil case at hand, plaintiff alleges that the criminal charges against him are meritless, and he seeks damages under 42 U.S.C. § 1983 for constitutional violations. Because the criminal case is ongoing and implicates important state interests, and because plaintiff isn’t barred from litigating in the criminal case the issues raised here, further proceed- ings in this civil action will be stayed under Younger v. Harris, 401 U.S. 37 (1971), until the criminal case concludes. See Gilbertson v. Albright, 381 F.3d 965, 968 (9th Cir. 2004) (“Younger principles apply to actions at law as well as for injunctive or declaratory relief . . . . [But] federal courts should not dismiss actions where damages are at issue; rather, damages actions should be stayed until…

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