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7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10

11 12 RYAN MARK WABNITZ, Case No. 8:20-cv-00188-MWF (SHK)

13 Petitioner, ORDER ACCEPTING FINDINGS 14 v. AND RECOMMENDATION OF UNITED STATES MAGISTRATE 15 UNKNOWN, et al., JUDGE

16 Respondents.

17 18 Pursuant to

, the Court has reviewed the First Amended 19 Petition (“FAP”), the relevant records on file, and the Report and 20 Recommendation (“R&R”) of the United States Magistrate Judge. Although the 21 Court provided Petitioner with an extension to file objections after receiving 22 returned mail, no objections have been filed. It is clear from the record that 23 Petitioner has failed to keep the Court apprised of his address as required by the 24 Local Rules. 25 The Court accepts the findings and recommendation of the Magistrate Judge 26 that the case should be dismissed because (1) abstention is required under Younger 27 and (2) Petitioner has not exhausted his state court remedies. 1 With respect to the Younger abstention, the Magistrate Judge determined 2 | that abstention was required because the three requirements set forth in Columbia 3 | Basin Apt. Ass’n v. City of Pasco,

(9th Cir. 2001) were 4 | satisfied. In addition to these three requirements, the Court examined the fourth 5 | requirement identified in AmerisourceBergen Corp. v. Roden,

, 1149 6 | (9th Cir. 2007) (“[O]nce the three [] elements are satisfied, the court does not 7 | automatically abstain, but abstains only if there is a Younger-based reason to 8 | abstain—i.e., if the court’s action would enjoin, or have the practical effect of 9 | enjoining ongoing state proceedings.”). Having done so, the Court determines that 10 | Petitioner’s requested remedy would have the practical effect of enjoining the 11 | ongoing state proceedings. 12 Accordingly, for the reasons set forth in the R&R and for the additional 13 | reason that Petitioner failed to keep his address up to date with the Court, IT IS 14 | ORDERED that the FAP be DENIED and that Judgment be entered dismissing 15 | this action without prejudice. 16 | a 17 | Dated: July 1, 2020 Y YMA) Voss |

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