IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 29, 2009
DEFRANTZE LUCAS NOEL, PETITIONER,
JOHN MCGINNESS, RESPONDENT.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
FINDINGS & RECOMMENDATIONS
By order January 13, 2009, petitioner was ordered to show cause, within thirty days, why his action should not be dismissed pursuant to the Younger abstention doctrine. On February 25, 2009, petitioner was granted a thirty day extension of time to file a response. The thirty day period has now expired, and petitioner has not shown cause or otherwise responded to the court's order.
Accordingly, for the reasons stated in the January 13, 2009, order, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 11-110; Fed. R. Civ. P. 41(b).
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 twenty days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any reply to the objections shall be served and filed within ten days after service of the objections. The parties are 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).
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