Opinion
Case: 1:15-cv-00946
06-18-2015
SEAN SHALLOW, Plaintiff, v. NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, et al., Defendants.
Assigned To : Unassigned
Assign. Date : 6/19/2015
Description: Pro Se Gen. Civil (F Deck)
MEMORANDUM OPINION
This matter is before the Court on plaintiff's application to proceed in forma pauperis and his pro se complaint. For the reasons stated below, the Court will grant the application and dismiss the complaint.
Plaintiff alleges that he has paid support for a child who may not be his biological child. See Compl. at 1. He asks this Court "to order a DNA paternity test." Id. If it is determined that the child is not his, plaintiff asks to "dismiss the child support order and refund all money paid." Id. at 2. Alternatively, if the child is plaintiff's biological child, plaintiff requests a "downward modification of payments to reflect his income from [the] year 2013 . . . ." Id.
"Family relations are a traditional area of state concern." Moore v. Sims, 442 U.S. 415, 435 (1979). This Court must abstain from interfering with ongoing proceedings in the state courts under the doctrine established by the Supreme Court in Younger v. Harris, 401 U.S. 37 (1971), particularly in light of the important state interests at issue in child support proceedings, see, e.g., Augustin v. County of Alameda, 234 F. App'x 521, 522 (9th Cir. 2007). The Court therefore will dismiss this action. An Order is issued separately.
/s/_________
United States District Judge
DATE: 6/18/15