Emmett Spooner, et al v. Sid Gautreaux, et al


UNPUBLISHED OPINION FILED. [11-30651 Affirmed ] Judge: TMR , Judge: JES , Judge: ECP Mandate pull date is 02/22/2012; denying motion to file appellant's supp brief filed by Appellants Mr. Emmett Spooner and Ms. Cheryl W. Spooner [6981675-2]; denying motion to supplement the record on appeal filed by Appellants Mr. Emmett Spooner and Ms. Cheryl W. Spooner [6981675-3] [11-30651]

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Case: 11-30651 Document: 00511742630 Page: 1 Date Filed: 01/31/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-30651 Summary Calendar January 31, 2012 Lyle W. Cayce Clerk EMMETT SPOONER, SR.; CHERYL W. SPOONER, Plaintiffs-Appellants, versus SID GAUTREAUX, Sheriff; CAPITAL ONE NATIONAL ASSOCIATION, INCORPORATED, Defendants-Appellees. Appeal from the United States District Court for the Middle District of Louisiana No. 3:11-CV-89 Before REAVLEY, SMITH, and PRADO, Circuit Judges. PER CURIAM:* * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 11-30651 Document: 00511742630 Page: 2 Date Filed: 01/31/2012 No. 11-30651 The plaintiffs, proceeding pro se in the district court and on appeal, sued under 42 U.S.C. ยง 1983, attacking various transactions regarding a foreclosure. The magistrate judge issued an extensive report recommending that the district court should abstain from exercising jurisdiction and should dismiss the suit without prejudice. The district court adopted that recommendation. We agree with the magistrate judge that abstention is required by Younger v. Harris, 401 U.S. 37 (1971), and Health Net, Inc. v. Wooley, 534 F.3d 487 (5th Cir. 2008). The judgment of dismissal without prejudice is AFFIRMED, essentially for the reasons given by the magistrate judge in her report. The motion for leave to file a supplemental brief and to provide additional evidence is DENIED. 2

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