Duncan

(PC) Milano v. Duncan

Good Law
United States District Court, Eastern District of CaliforniaJune 12, 20232:22-cv-00071California914 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 DOMINIC MILANO, Case No. 2:22-cv-00071-JDP (PC) Plaintiff, ORDER v. DUNCAN, et al., Defendants. 14 Plaintiff brought this section 1983 action alleging that the defendants, who are officers of the Vallejo Police Department, violated his Fourth Amendment rights when they used excessive force against him during a high-speed chase. ECF No. 1 at 3. Now, because plaintiff’s state criminal case is pending, defendants have moved to stay this action based on the abstention doctrine laid out in Younger v. Harris, 401 U.S. 37 (1971). The time period for filing an opposition lapsed and, on March 3, 2023, I ordered plaintiff to file an opposition or statement of non-opposition within twenty-one days—or face dismissal for failure to prosecute. ECF No. 24. Plaintiff responded to my order by filing a one-page opposition that offered no legal analysis or support in case law. ECF No. 25. In relevant part, plaintiff indicated only that he did not desire a 24 …

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