1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 ANDRE D. CITIZEN, Case No. 5:21-cv-0188-CJC-JC

11 Petitioner, 12 v. ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND 13 RECOMMENDATIONS OF UNITED JOHN WALKER, STATES MAGISTRATE JUDGE 14 [DOCKET NOS. 6, 11] 15 Respondent. 16 The Court has conducted the review required by

and 17 accepts the findings, conclusions and recommendation of the Magistrate Judge 18 reflected in the July 26, 2021 Report and Recommendation of United States 19 Magistrate Judge (“Report and Recommendation”). 20 IT IS HEREBY ORDERED: 21 1. Petitioner’s Objection to the June 2, 2021 Notice of Document 22 Discrepancies is overruled; 23 2. Respondent’s Motion to Dismiss is granted in part and denied in part; 24 3. The Petition for Writ of Habeas Corpus by a Person in State Custody 25 is dismissed with leave to amend; 26 4. Within twenty (20) days of the date of this Order, petitioner shall do 27 one of the following: 28 1 (a) If he wishes to proceed with his claim(s) for habeas relief in this 2 || Court, he shall file a First Amended Petition which clearly and specifically sets 3 || forth claims for relief and plausibly demonstrates why such claims qualify for an 4 || exception to abstention pursuant to Younger v. Harris,

(1971); or 5 (b) If he does not wish to proceed with this action, he shall file a Notice of 6 || Dismissal which will result in the voluntary dismissal of this action without 7 || prejudice. 8 Petitioner is cautioned that his failure timely to file a First Amended 9 || Petition or a Notice of Dismissal may result in the dismissal of this action with 10 || or without prejudice for failure to diligently prosecute and/or comply with 11 || Court orders, or for failure to satisfy any exception to Younger abstention. 12 IT IS FURTHER ORDERED that the Clerk serve copies of this Order on 13 || petitioner and counsel for respondent. 14 IT IS SO ORDERED x fa DATED: August 31, 2021 f ea é 17 18 HONORABLE CORMAC J. CARNEY 19 UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28