Opinion
Case No. 3:14-cv-217
09-21-2015
WARREN EASTERLING, Plaintiff, v. JUDGE MARY DONOVAN, et al., Defendants.
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #12); OVERRULING PLAINTIFF'S OBJECTIONS THERETO (DOC. #13); OVERRULING PLAINTIFF'S MOTION FOR RELIEF FROM JUDGMENT (DOC. #11)
Based on the reasoning and citations of authority set forth by United States Magistrate Judge Michael R. Merz, in his September 9, 2015, Report and Recommendations, Doc. #12, as well as on a thorough de novo review of this Court's file and the applicable law, the Court ADOPTS said judicial filing in its entirety, and OVERRULES Plaintiff's Motion for Relief from Judgment, Doc. #11.
Plaintiff's Objections to the Report and Recommendations, Doc. #13, are OVERRULED as baseless. The May 27, 2015, Report and Recommendations, to which Plaintiff refers, Doc. #6, discussing the applicability of the Rooker-Feldman doctrine, were withdrawn by notation order on June 5, 2015, and Plaintiff's earlier Motion for Relief from Judgment, Doc. #5, was stricken from the record, after the Court discovered that Plaintiff had inadvertently filed that motion in both this case and Case No. 3:14-cv-130.
The above-captioned case was dismissed without prejudice for want of prosecution because Plaintiff never objected to the Order denying his Motion for Leave to Proceed in forma pauperis, and never paid the filing fee. See Docs. ##7, 9. Plaintiff's current Objection to that Order is untimely. Accordingly, the above-captioned case shall remain terminated on the Court's docket. Date: September 21, 2015
/s/_________
WALTER H. RICE
UNITED STATES DISTRICT JUDGE