Anderson v. Department of Social and Health Services

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA CALVIN ANDRE ANDERSON, CASE NO. 3:23-cv-05610-DGE Plaintiff, ORDER ADOPTING REPORT AND 12 v. RECOMMENDATION 13 DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Defendant.

The Court, after de novo review of the record, has reviewed the Report and Recommendation (“R&R”) of United States Magistrate Judge Brian A. Tsuchida, and objections, if any, to the R&R. Judge Tsuchida recommends dismissing Plaintiff’s complaint with prejudice because the Department of Social and Health Services is a state agency and is immune from suit under the Eleventh Amendment. (Dkt. No. 9 at 2.) In the alternative, Judge Tsuchida recommends dismissing Plaintiff’s complaint without prejudice because Plaintiff is a pre-trial detainee facing unresolved and pending state criminal charges and the Court should abstain from interfering with the criminal charges under Younger v. Harris, 401 U.S. 37 (1971). (Id. at 3.)

3 The Court finds dismissal without prejudice is appropriate because Plaintiff’s claims appear related to pending state court criminal charges. Pursuant to Younger, it is inappropriate for the Court to consider the claims while those proceedings have not been resolved.

6 Accordingly, the Court does hereby find and ORDER: 7 (1) The Court ADOPTS the Report and Recommendation (Dkt. No. 9.)

8 (2) This matter is DISMISSED without prejudice.

9 (3) The Clerk is directed to send copies of this Order to Plaintiff and to the Hon.

Brian A. Tsuchida. (4) Plaintiff’s motion for a continuance and to appoint counsel (Dkt. No. 10) is 11 DENIED.

Dated this 31st day of August, 2023.

A 15 David G. Estudillo United States District Judge