John Cecil Cabe v. Michael D. Antonovich

Filing 27

ORDER ACCEPTING FINDINGS, CONCLUSIONS,AND RECOMMENDATIONS OFUNITED STATESMAGISTRATE JUDGE by Judge Fred W. Slaughter. 10 IT IS ORDERED: 1. The Report and Recommendation is accepted. 2. The Petition and Amended Petition are denied. 3. Judgment shall be entered dismissing this action without prejudice. 4. The Court Clerk shall serve this Order and the Judgment on all counsel or parties of record. [See Order for further details.] (san)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 12 JOHN CECIL CABE, 13 Petitioner, 14 15 v. MICHAEL D. ANTONOVICH, 16 Respondent. Case No. 2:23-cv-10422-FWS-BFM ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 17 18 19 Petitioner filed a habeas Petition on October 31, 2023, claiming that he 20 was falsely imprisoned in the Metropolitan State Hospital. (ECF 1.) He later 21 filed an Amended Petition, alleging that additional violations of his 22 constitutional rights were occurring in his ongoing criminal proceedings. (ECF 23 9.) 24 On May 14, 2024, more than eight months ago, the Magistrate Judge 25 issued a Report and Recommendation. (ECF 10.) The Magistrate Judge found 26 that Petitioner’s claim that he had been falsely imprisoned in the Metropolitan 27 State Hospital might be moot because, at the time the Report and 28 Recommendation was issued, he was no longer housed in the State Hospital. She also found that Petitioner failed to state the facts that gave him a right to 1 relief, or to identify what federal constitutional law or statute he believed was 2 violated by his stay in the State Hospital. (ECF 10.) The Magistrate Judge 3 concluded that the claims in the Amended Petition were subject to dismissal 4 because they were vague and conclusory, and because they asked this Court to 5 interfere in ongoing state criminal proceedings, in violation of Younger v. 6 Harris, 401 U.S. 37 (1971). The Magistrate Judge recommended that the 7 Petition and Amended Petition be dismissed without prejudice. 8 Between May 14, 2024 (when the Report and Recommendation issued), 9 and October 10, 2024 (when Petitioner notified the Court that he had been 10 released from custody on September 20, 2024), Petitioner requested five 11 extensions of time to file his objections to the Report and Recommendation. 12 (ECF 14, 16, 18, 20, 23.) Each request was granted. (ECF 15, 17, 19, 21, 24.) The 13 Court notes that if Petitioner has been released from custody, that could signal 14 that he no longer has ongoing criminal proceedings, which would mean that 15 Petitioner’s claims are no longer barred by Younger. The Court need not 16 determine the status of Petitioner’s underlying criminal case; his claims—to the 17 extent they are not moot and not barred by Younger—would still fail for the 18 additional reasons noted by the Magistrate Judge. 19 On November 4, 2024, Petitioner filed his last request for an extension of 20 time to object to the Report and Recommendation, which was also granted. (ECF 21 25, 26.) Since that date, though, Petitioner has not filed his objections; neither 22 has he been in touch with the Court. It is not entirely clear, then, whether, in 23 light of his release from custody, Petitioner intends to prosecute this action. In 24 any event, the time for filing objections has passed. 25 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition and 26 Amended Petition, the records and files herein, and the Magistrate Judge’s 27 Report and Recommendation. As noted, no objections to the Report and 28 Recommendation were filed. 2 1 2 The Court accepts the findings, conclusions, and recommendations of the Magistrate Judge. 3 ACCORDINGLY, IT IS ORDERED: 4 1. The Report and Recommendation is accepted. 5 2. The Petition and Amended Petition are denied. 6 3. Judgment shall be entered dismissing this action without prejudice. 7 4. The Court Clerk shall serve this Order and the Judgment on all 8 counsel or parties of record. 9 10 11 DATED: January 28, 2025 ______________________________________ Hon. Fred W. Slaughter UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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