(PC) DeLoney v. Rodriguez, No. 2:2010cv01849 - Document 5 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 9/15/10 recommending that this action be dismissed without prejudice re 1 Prisoner Civil Rights Complaint. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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(PC) DeLoney v. Rodriguez Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICKEY B. DeLONEY, 11 12 13 14 Plaintiff, No. CIV S-10-1849 GGH P vs. JOHN R. RODRIGUEZ, Defendant. 15 FINDINGS & RECOMMENDATIONS / 16 By order filed August 3, 2010, plaintiff was ordered to show cause, within 17 fourteen days, why his action should not be dismissed pursuant to the Younger abstention 18 doctrine. The fourteen day period has now expired, and plaintiff has not shown cause or 19 otherwise responded to the court’s order. 20 IT IS HEREBY RECOMMENDED that this action be dismissed without 21 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). The Clerk of Court is directed to assign a 22 district judge to this case. 23 These findings and recommendations are submitted to the United States District 24 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 25 days after being served with these findings and recommendations, plaintiff may file written 26 objections with the court. The document should be captioned “Objections to Magistrate Judge's Dockets.Justia.com 1 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 2 specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 3 F.2d 1153 (9th Cir. 1991). 4 DATED: September 15, 2010 5 /s/ Gregory G. Hollows 6 UNITED STATES MAGISTRATE JUDGE 7 GGH:035 delo1849.fsc 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2