Lacy v. Turner ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JANICE LACY, No. 1:23-cv-01763-KES-EPG 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS THIS 13 v. CASE WITHOUT PREJUDICE AND TO DENY PLAINTIFF’S MOTION FOR A 14 TURNER, TEMPORARY RESTRAINING ORDER 15 Defendant. Docs. 3, 9. 16 17 Plaintiff Janice Lacy proceeds pro se and in forma pauperis in this civil action. The 18 matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and 19 Local Rule 302. 20 On April 22, 2024, the assigned magistrate judge entered findings and recommendations, 21 recommending that this case be dismissed, without prejudice, (1) under the Younger abstention 22 and Rooker-Feldman doctrines; (2) for failure to comply with a court order and failure to 23 prosecute; and (3) for failure to provide a current address. Doc. 9. The magistrate judge further 24 recommended that plaintiff’s motion for a temporary restraining order (Doc. 3) be denied. Id. 25 The findings and recommendations were served on plaintiff and contained notice that any 26 objections were to be filed within thirty (30) days after service. Id. at 7–8. Plaintiff was advised 27 that “failure to file objections within the specified time may result in the waiver of rights on 28 appeal.” Id. at 8 (citing Wilkerson v. Wheeler, 772 F.3d 834, 838–39 (9th Cir. 2014)). Plaintiff 1 | did not file any objections, and the deadline to do so has expired. 2 In accordance with 28 U.S.C. § 636(b)(1), this court has conducted a de novo review of 3 | this case. Having carefully reviewed the matter, the court concludes that the findings and 4 | recommendations are supported by the record and proper analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations entered on April 22, 2024 (Doc. 9), are 7 ADOPTED IN FULL; 8 2. Plaintiffs case is DISMISSED without prejudice (1) under the Younger abstention and 9 Rooker-Feldman doctrines; (2) for failure to comply with a court order and failure to 10 prosecute; and (3) for failure to provide a current address; 11 3. Plaintiff's motion for a temporary restraining order (Doc. 3) is DENIED; and 12 4. The Clerk of Court is directed to close this case. 13 14 15 | IT IS SO ORDERED. _ : 16 Dated: _ September 30, 2024 4h UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28