McPhee v. United States of America

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK □□ eK

MITCHELL McPHEE,

Plaintiff, -against- 21 CIVIL 8672 (GHW) JUDGMENT UNITED STATES OF AMERICA; JULIANA

NEWCOMB MURRAY, US Department of Justice,

Crim Division; LOUIS ANTHONY PELLEGRINO,

U.S. ATTORNEY OFFICE SDNY,

Defendants. □□ eK

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated October 27, 2021, the Court dismisses Plaintiff's complaint because it seeks relief against Defendants who are immune from such relief and because his claims are barred by the Younger abstention doctrine. All other requests are denied as moot. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Judgment is hereby entered.

Dated: New York, New York

October 28, 2021

RUBY J. KRAJICK Clerk of Court BY: K. Mango Deputy Clerk