Marlo Darius Brown v. City of Warren, et al.

District Court, E.D. Michigan

Marlo Darius Brown v. City of Warren, et al.

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

MARLO DARIUS BROWN,

Plaintiff, Case No. 2:25-cv-12415

v. Honorable Susan K. DeClercq United States District Judge CITY OF WARREN, et al., Honorable Elizabeth A. Stafford Defendants. United States Magistrate Judge ___________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION (ECF No. 17), DENYING PLAINTIFF’S MOTION FOR A TEMPORARY RESTRAINING ORDER (ECF No. 13), AND SUA SPONTE STAYING AND ADMINISTRATIVELY CLOSING CASE

On October 30, 2025, Magistrate Judge Elizabeth A. Stafford issued a report recommending that this Court deny Plaintiff Marlo Darius Brown’s motion for a temporary restraining order. ECF No. 17. Judge Stafford also recommended that this Court sua sponte stay and administratively close Brown’s case under Younger v. Harris,

401 U.S. 37

(1971), because Brown’s state criminal prosecution is ongoing

Id.

at PageID.66. Judge Stafford provided 14 days for objections to be filed, but no party filed objections. They have therefore forfeited their right to appeal Judge Stafford’s findings. See Berkshire v. Dahl,

928 F.3d 520

, 530–31 (6th Cir. 2019) (citing Thomas v. Arn,

474 U.S. 140, 149

(1985)). Moreover, there is no prejudicial clear error in the report.

Accordingly, it is ORDERED that the Report and Recommendation, ECF No. 17, is ADOPTED. Further, it is ORDERED that Plaintiff’s Motion for a Temporary Restraining

Order, ECF No. 13, is DENIED. Further, it is ORDERED that the above-captioned case is STAYED and ADMINISTRATIVELY CLOSED until the conclusion of Brown’s state criminal prosecution. Within 60 days of the conclusion of Brown’s state criminal prosecution,

he may move to reopen this case. This is not a final order and does not close the above-captioned case. /s/Susan K. DeClercq SUSAN K. DeCLERCQ United States District Judge Dated: December 9, 2025

Reference

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