Harrington v. Babbits et al
Filing
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ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 11/29/11 ordering that within 21 days plaintiff show cause why this action should not be dismissed pursuant to the Younger abstention doctrine. (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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FRED DELBERT HARRINGTON,
Plaintiff,
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No. CIV S-11-2899 WBS GGH P
vs.
AMY BABBITS, Public Defender,
Defendant.
ORDER TO SHOW CAUSE
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Plaintiff, a pretrial detainee, proceeds pro se and seeks relief pursuant to 42 U.S.C.
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ยง 1983. Plaintiff is in custody in Shasta County Jail awaiting trial. Plaintiff states that his court
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appointed attorney is not properly doing her job and failing to properly investigate the case.
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Plaintiff seeks an injunction and different counsel.
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Plaintiff is attempting to challenge ongoing criminal proceedings against him.
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Principles of comity and federalism weigh against a federal court interfering with ongoing state
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criminal proceedings by granting injunctive or declaratory relief absent extraordinary
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circumstances. Younger v. Harris, 401 U.S. 37, 43-54 (1971). Plaintiff has not demonstrated the
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existence of extraordinary circumstances that warrant interference in the ongoing state criminal
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proceedings. Accordingly, petitioner is ordered to show cause why this action should not be
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dismissed pursuant to the Younger abstention doctrine described above.
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Accordingly, IT IS HEREBY ORDERED that within 21 days plaintiff show cause
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why this action should not be dismissed pursuant to the Younger abstention doctrine.
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DATED: November 29, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
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GGH: AB
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harr2899.osc
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