JONES v. GAY

United States District Court for the Northern District of Florida

JONES v. GAY

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION

KELCEY JONES,

Petitioner,

v. Case No. 5:22-cv-249-TKW/ZCB

BARBARA BEASLEY, et al.,

Respondents. / ORDER This case is before the Court based on the magistrate judge’s Report and Recommendation (Doc. 5) and Petitioner’s “motion for objection” (Doc. 6). The Court reviewed the issues raised in the objection de novo as required by

28 U.S.C. §636

(b)(1) and Fed. R. Civ. P. 72(b)(3), and based on that review, the Court agrees with the magistrate judge’s determination that this case should be dismissed without prejudice under Younger v. Harris,

401 U.S. 37

(1971), due to Petitioner’s pending criminal prosecution in state court. Accordingly, it is ORDERED that: 1. The magistrate judge’s Report and Recommendation is adopted and incorporated by reference in this Order. 2. This case is DISMISSED without prejudice under Younger v. Harris,

401 U.S. 37

(1971). 3. A certificate of appealability is DENIED. 4. The Clerk shall enter judgment in accordance with this Order and close the case file. DONE and ORDERED this 2nd day of December, 2022.

pe T. KENT WETHERELL, I UNITED STATES DISTRICT JUDGE

Reference

Status
Unknown