Moss v. Wmata ( 2013 )


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    UNITED STATES DISTRICT COURT
    FOR THE DISTRICT OF COLUMBIA
    JAN 23 2013
    FRANCINE MCSS> ) Clerk, u.s. District and
    ) Bankruptcy Courts
    Plaintiff, )
    ) ,
    v ) Civil Action No.  _/[‘
    j 13 /@
    WMATA, )
    )
    Defendant. )
    MEMORANDUM OPINION
    This matter is before the Court on consideration of the plaintiff s application to proceed
    in forma pauperis and her pro se complaint. The application will be granted, and the complaint
    will be dismissed.
    Plaintiff brings this action against the Washington Metropolitan Area Transit Authority
    ("WMATA") and alleges retaliation for having reported misconduct by other employees.
    Attached to her complaint are documents related to the filing on December 21, 2012, of an
    employment discrimination action against WMATA in the Superior Court of the District of
    Columbia.
    Review of the Superior Court docket demonstrates that the case is pending. Under these
    circumstances, federal adjudication of plaintiffs claims is not appropriate because "(l) there are
    ongoing state proceedings that are judicial in nature; (2) the state proceedings implicate
    important state interests; and (3) the proceedings afford an adequate opportunity to raise the
    federal claims." Delaney v. District of Columbia, 
    659 F. Supp. 2d 185
    , 194 (D.D.C. 2009)
    (citing Bridges v. Kelly, 
    84 F.3d 470
    , 476 (D.C. Cir. l996)). In addition, "based on principals of
    equity, the doctrine of Younger v. Harris, 
    401 U.S. 37
     (1971), and its progeny restrains federal
    courts from interfering in ongoing state judicial proceedings." District Properties Associates v.
    District of Columbia 
    743 F.3d 21
    , 27 (D.C. Cir. 1984); see also Fleming v. Um``led States, 
    847 F. Supp. 170
    , 172 (D.D.C. 1994), aff ’a', 
    1994 WL 474995
     (D.C. Cir. 1994), cert denz``ea', 
    513 U.S. 1150
     (1995) (holding that district court lacks authority to review Superior Court judge’s ruling).
    ln order to avoid duplicative legal proceedings and waste of judicial resources, see JMM Corp. v.
    District of Columbz``a, 
    378 F.3d 1117
    , 1122 (D.C. Cir. 2004), the Court will dismiss this action.
    r? &//7/
    nited States I§istrici’ Judge /
    An Order is issued separately.
    DATE: