Emmett Spooner, Sr. v. Sid Gautreaux

Case: 11-30651 Document: 00511742630 Page: 1 Date Filed: 01/31/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
January 31, 2012
No. 11-30651
Summary Calendar Lyle W. Cayce
Clerk
EMMETT SPOONER, SR.; CHERYL W. SPOONER,
Plaintiffs-Appellants,
versus
SID GAUTREAUX, Sheriff;
CAPITAL ONE NATIONAL ASSOCIATION, INCORPORATED,
Defendants-Appellees.
Appeal from the United States District Court
for the Middle District of Louisiana
No. 3:11-CV-89
Before REAVLEY, SMITH, and PRADO, Circuit Judges.
PER CURIAM:*
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
Case: 11-30651 Document: 00511742630 Page: 2 Date Filed: 01/31/2012
No. 11-30651
The plaintiffs, proceeding pro se in the district court and on appeal, sued
under 42 U.S.C. § 1983, attacking various transactions regarding a foreclosure.
The magistrate judge issued an extensive report recommending that the district
court should abstain from exercising jurisdiction and should dismiss the suit
without prejudice. The district court adopted that recommendation.
We agree with the magistrate judge that abstention is required by Younger
v. Harris, 401 U.S. 37 (1971), and Health Net, Inc. v. Wooley, 534 F.3d 487 (5th
Cir. 2008). The judgment of dismissal without prejudice is AFFIRMED, essen-
tially for the reasons given by the magistrate judge in her report. The motion
for leave to file a supplemental brief and to provide additional evidence is
DENIED.
2