Michael R. Spengler v. Pomona Police Dept. et al

Filing 28

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge David O. Carter for Report and Recommendation (Issued) 25 . IT IS THEREFORE ORDERED that: (1) plaintiffs Request to Stay under Younger (docket no. 27 ) is granted; (2) this case is stayed until the related state criminal case is no longer pending; and (3) the Court Clerk is directed to administratively close this case. (Made JS-6. Case Terminated.) (et)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MICHAEL R. SPENGLER,

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Plaintiff,
v.

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POMONA POLICE DEPT., et al.,
Defendants.

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Case No. CV 17-8665-DOC (SP)
ORDER ACCEPTING FINDINGS AND
RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Third Amended

19 Complaint, records on file, and the Report and Recommendation of the United States
20 Magistrate Judge. Plaintiff has not filed any written Objections to the Report within
21 the time permitted, but subsequent to the Report plaintiff did file a request to stay
22 this case under Younger, consistent with the Report’s recommendation. The Court
23 accepts the findings and recommendation of the Magistrate Judge.
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IT IS THEREFORE ORDERED that: (1) plaintiff’s Request to Stay under

25 Younger (docket no. 27) is granted; (2) this case is stayed until the related state
26 criminal case is no longer pending; and (3) the Court Clerk is directed to
27 administratively close this case. Plaintiff is instructed that, if he wishes to continue
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1 with this case after disposition of the criminal charges against him, he must file a
2 request that the stay be lifted and the case be re-opened within sixty (60) days of the
3 final disposition of the criminal charges (including all appeals).
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January 17, 2020
6 DATED: ________________
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__________________________ _____
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HONORABLE DAVID O. CARTER
UNITED STATES DISTRICT JUDGE

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