King v. Mayopoulos et al
Filing
4
ORDER AND FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/15/17 ORDERING that Plaintiff's Request to proceed in forma pauperis 2 is GRANTED; and IT IS HEREBY RECOMMENDED that this action be dismissed re 1 Complaint. These Findings and Recommendations are submitted to U.S. District Judge Troy L. Nunley. Objections to these F&Rs due within fourteen days. (Mena-Sanchez, L)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
KEVIN EUGENE KING,
12
Plaintiff,
13
14
No. 2:17-cv-02342 TLN CKD
v.
FINDINGS AND RECOMMENDATIONS
TIMOTHY J. MAYOPOULOUS, et al.,
15
Defendants.
16
17
Plaintiff, proceeding in this action pro se, has requested leave to proceed in forma
18
pauperis pursuant to 28 U.S.C. § 1915. This proceeding was referred to this court by Local Rule
19
302(21), pursuant to 28 U.S.C. § 636(b)(1).
Plaintiff has submitted an affidavit making the showing required by 28 U.S.C. §
20
21
1915(a)(1). Accordingly, the request to proceed in forma pauperis will be granted.
In this action, plaintiff challenges an unlawful detainer action presently being taken
22
23
against him in state court. (See ECF No. 1 at 9.) Because the unlawful detainer action was filed
24
in state court prior to the initiation of the instant federal court action and both actions involve
25
precisely the same property, this court is required to abstain from exercising jurisdiction. See
26
Colorado River Water Conservation District v. United States, 424 U.S. 800 (1976); see also
27
Scherbenske v. Wachovia Mortgage, FSB, 626 F.Supp.2d 1052, 1057-1058 (E. D. Cal. 2009).
28
////
1
1
2
Accordingly, IT IS HEREBY ORDERED that plaintiff’s request to proceed in forma
pauperis (ECF No. 2) is granted; and
3
IT IS HEREBY RECOMMENDED that this action be dismissed.
4
These findings and recommendations are submitted to the United States District Judge
5
assigned to the case, pursuant to the provisions of Title 28 U.S.C. ' 636(b)(l). Within fourteen
6
days after being served with these findings and recommendations, any party may file written
7
objections with the court and serve a copy on all parties. Such a document should be captioned
8
"Objections to Magistrate Judge's Findings and Recommendations." Any reply to the objections
9
shall be served and filed within seven days after service of the objections. The parties are advised
10
that failure to file objections within the specified time may waive the right to appeal the District
11
Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
12
Dated: November 15, 2017
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
13
14
15
16
17
2 / king2342.unlawfuldetainer
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?