Jackson v. Swartz et al

Filing 7

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/6/10 ORDERING that the 2 Motion to Proceed In Forma Pauperis is VACATED; Clerk of the Court is directed to assign a District Judge to this case; RECOMMENDING that this action be dismissed. Referred to Judge John A. Mendez; Objections to F&R due within 21 days.(Dillon, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendants. 15 / 16 17 18 19 20 21 22 23 24 25 26 vacated. 1 Plaintiff is a state prisoner proceeding without counsel with an action pursuant to 42 U.S.C. § 1983. On February 19, 2010, the undersigned issued an order for petitioner to Show Cause why this action should not be dismissed pursuant to the Younger abstention doctrine. Plaintiff has not filed a response. Accordingly, the court recommends that this action be dismissed based on plaintiff's failure to respond to the February 19, 2010 order. See Local Rule 110; Fed. R. Civ. P. 41(b). IT IS HEREBY ORDERED that: 1. The August 14, 2009 (Dkt. No. 2) Motion to Proceed In Forma Pauperis be ORDER& FINDINGS AND RECOMMENDATIONS vs. SOLANO COUNTY PUBLIC DEFENDER, et al., IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA RACARDO JACKSON Plaintiff, No. 2:09-cv-2254 KJN P

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jack2254.dis

2. The Clerk of the Court is directed to assign a District Judge to this case. IT IS HEREBY RECOMMENDED that this action be dismissed. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twentyone days after being served with these findings and recommendations, plaintiff may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). DATED: April 6, 2010

_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE

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