Scott v. Ferranti

Filing 7

ORDER signed by Magistrate Judge Kendall J. Newman on 5/9/2011 ORDERING that this action is DISMISSED w/out prejudice. CASE CLOSED. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARK ANTHONY SCOTT,

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Petitioner,

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vs.

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No. 2:11-cv-0835 KJN P

DR. FERRANTI,

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Respondent.

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ORDER
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Petitioner has consented to proceed before the undersigned for all purposes. See

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28 U.S.C. § 636(c). By order filed April 5, 2011, petitioner’s application was dismissed and

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petitioner was granted thirty days to file an amended application. The thirty day period has now

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expired, and petitioner has not filed an amended application.

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On May 2, 2011, petitioner filed a document entitled “Request for Voluntary

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Correspondence,” in which petitioner asks the undersigned to send petitioner the “form to file for

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update and disposition.” (Dkt. No. 5 at 1.) Petitioner seeks a “voluntary correspondence

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approval as for [Superior Court] Judge Marjorie Korell endorsement to Napa State Hospital on 4-

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22-2011. [His] counsel and the D.A. requested a dismissal except she denied it.” (Id.) Petitioner

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includes a number of other questions that appear to pertain to his underlying criminal

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proceedings.
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As noted in this court’s April 5, 2011 order, this court cannot interfere with

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pending state criminal proceedings in the absence of extraordinary circumstances not present

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here. (Dkt. No. 3 at 2.) Because petitioner is attempting to challenge pending criminal

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proceedings, this action is dismissed under Younger v. Harris, 401 U.S. 37, 45-46 (1971).

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Accordingly, IT IS HEREBY ORDERED that this action is dismissed without

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prejudice.

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DATED: May 9, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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/scot0835.fta

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