(PS) Bibb v. Shasta County Health and Human Agency

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Jessica Bibb, No. 2:22-cv-01894-KJM-DMC 12 Plaintiffs, ORDER 13 v. 14 Shasta County Health and Human Agency, et 15 al., 16 Defendants. 17 18 This matter was referred to the assigned Magistrate Judge under this district’s local rules. 19 | The Magistrate Judge recommends abstaining from adjudicating this action under Younger v. 20 | Harris, 401 U.S. 37 (1971) because a parallel state-court child custody dispute appears to be 21 | pending, based on the allegations in the complaint. See generally F&Rs, ECF No. 7. Plaintiff 22 | objects to this recommendation and requests leave to amend her complaint to clarify that no 23 | parallel action is pending, to seek monetary damages, and to otherwise clarify her allegations. 24 | See generally Objections, ECF No. 8. 25 The court has reviewed the findings and recommendations de novo. See 28 U.S.C. 26 | § 636(b)(1). The court declines to adopt the Magistrate Judge’s recommendation to abstain under 27 | Younger in light of Plaintiff's objections and request for permission to amend her complaint and 28 | clarify her allegations. Plaintiff's request for permission to amend her complaint is granted. An

1 | amended compliant must be filed within thirty days of the date Plaintiff receives service of 2 | this order. 3 This matter is referred back to the assigned Magistrate Judge for all further pretrial 4 | proceedings. 5 IT IS SO ORDERED. 6 DATED: August 25, 2023. / 7 CHIEF ED STATES DISTRICT JUDGE