Mongia v. City of Fresno

Opinion

1 2 3 4 5 6 7 10 11 ISAAC MONGIA, Case No. 1:23-cv-01234 JLT EPG 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, RECOMMENDING 13 v. THAT THIS ACTION BE DISMISSED WITHOUT PREJUDICE BASED 14 CITY OF FRESNO, et al. ON (1) THE YOUNGER ABSTENTION DOCTRINE AND (2) PLAINTIFF’S FAILURE 15 Defendants. TO COMPLY WITH A COURT ORDER AND FAILURE TO PROSECUTE. 16 (Docs. 19, 20). 17 18 Isaac Mongia proceeds pro se and in forma pauperis in this civil rights action filed under 19 42 U.S.C. § 1983. (Docs. 3, 18.) The matter was referred to a United States Magistrate Judge 20 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On April 4, 2024, the assigned magistrate judge issued findings and recommendations 22 recommending that this action be dismissed without prejudice based on the Younger Abstention 23 Doctrine and on Plaintiff’s failure to comply with a court order and failure to prosecute. (Doc. 24 20.) Specifically, the findings and recommendations found that Plaintiff failed to respond to the 25 assigned magistrate judge’s previous order to show cause and that Plaintiff had not taken any 26 actions in relation to this case since filing his Second Amended Complaint on January 14, 2025. 27 (Id. at 2.) The Court served the findings and recommendations on Plaintiff and informed him that 28 objections were due within 30 days. (Id. at 5–6.) Plaintiff was also warned that failure to file 1 | objections may result in the waiver of rights on appeal. (/d. at 6 (citing Wilkerson v. Wheeler, 2 | 772 F.3d 834, 838-39 (9th Cir. 2014).) No objections were filed and the time to do so has passed. 3 According to 28 U.S.C. § 636(b)(1), the Court has conducted a de novo review of this 4 | case. Having carefully reviewed the file, the Court concludes that the findings and 5 || recommendations are supported by the record and proper analysis. Accordingly, the Court 6 | ORDERS: 7 1. The Findings and Recommendations (Doc. 20) issued on April 4, 2025, are ADOPTED 9 2. This action is DISMISSED without prejudice based on the Younger abstention doctrine as 10 well as Plaintiff's failure to comply with a court order and failure to prosecute. 11 3. The Clerk of Court is directed to close this case. 12

14 | Dated: _May 20, 2025 Cerin | Tower TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28