Cross v. Quick

United States District Court, Oklahoma Western

Cross v. Quick

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

DOUGLAS ROY CROSS, JR., ) ) Petitioner, ) ) v. ) Case No. CIV-25-569-D ) CHRISTE QUICK, ) ) Respondent. )

O R D E R

Before the Court is the Report and Recommendation issued by United States Magistrate Judge Chris M. Stephens pursuant to

28 U.S.C. § 636

(b)(1)(B) and (C) [Doc. No. 4]. Judge Stephens recommends dismissing this action without prejudice under the doctrine set forth in Younger v. Harris,

401 U.S. 37

(1971). See Seneca-Cayuga Tribe of Okla. V. State of Okl. ex. rel. Thompson,

874 F.2d 709

, 711(10th Cir. 1989) (explaining that the Younger doctrine “sets forth principles for determining when it is appropriate to abstain from interfering with a state judicial proceeding.”). The case file shows no timely objection to the Report nor request for an extension of time, even though Petitioner was expressly informed of his right to object, the procedure for doing so, and the consequences of failing to object. Therefore, the Court finds that Petitioner has waived further review of all issues addressed in the Report. See Moore v. United States,

950 F.2d 656, 659

(10th Cir. 1991); see also United States v. 2121 East 30th Street,

73 F.3d 1057, 1060

(10th Cir. 1996). For the reasons explained by Judge Stephens, the Court finds that this action should be dismissed without prejudice. IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No. 4] is ADOPTED in its entirety. This action is DISMISSED without prejudice. A separate judgment shall be entered accordingly. IT IS SO ORDERED this 25" day of June, 2025.

Nd Q. TIMOTHY D. DeGIUSTI Chief United States District Judge

Reference

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