Smith v. Lawrence County Missouri

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION DONNIE DEWAYNE SMITH PLAINTIFF v. No. 5:21-CV-05172 LAWRENCE COUNTY, MISSOURI and WASHINGTON COUNTY, ARKANSAS DEFENDANTS ORDER The Court has received a report and recommendation (Doc. 5) from United States Magistrate Judge Christy Comstock. Plaintiff filed objections (Doc. 6). The Court has reviewed the report and recommendation de novo.1 The Magistrate recommends that Plaintiff’s habeas petition be dismissed without prejudice pursuant to the Younger abstention doctrine. Plaintiff argues he has not consented to a magistrate judge presiding over his case. Plaintiff’s consent is unnecessary. The Court referred the matter to the Magistrate of its own accord, and Plaintiff has had the opportunity to present his objections on the report and recommendation to the undersigned Article III Judge. Plaintiff’s remaining objections offer neither law nor fact to overcome the requirements of Younger abstention. The Court has reviewed the report and recommendation and the record de novo, and the report and recommendation is ADOPTED.

IT IS THEREFORE ORDERED that Plaintiff’s case is DISMISSED WITHOUT PREJUDICE. Judgment will be entered separately.

IT IS SO ORDERED this 19th day of October, 2021. /s/P. K. Holmes, P.K. HOLMES, III U.S. DISTRICT JUDGE Although the objections deadline has not yet passed, Plaintiff’s objections trigger de novo review. See Thompson v. Nix, 897 F.2d 356, 358 (8th Cir. 1990).