Lacy v. Turner

Opinion

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