Opinion
Civil Action 3:21-CV-0607-C-BK
06-07-2021
GREGORY ROBINSON, Plaintiff, v. DEMAREUS WARD, et ai, Defendants,
ORDER
Sam R. Cummings Judge.
Before the Court are the Findings, Conclusions, and Recommendation of the United States Magistrate Judge therein advising the Court that this civil action should be dismissed in part and stayed in part pending resolution of the underlying state court criminal proceedings.
Plaintiff filed a Motion to Reopen on June 1, 2021, which the Court construes as objections to the Magistrate Judge's Findings, Conclusions, and Recommendation.
The Court conducts a de novo review of those portions of the Magistrate Judge's report or specified proposed findings or recommendations to which a timely objection is made. 28 U.S.C. § 636(b)(1)(C). Portions of the report or proposed findings or recommendations that are not the subject of a timely objection will be accepted by the Court unless they are clearly erroneous or contrary to law. See United Stales v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989).
After due consideration and having conducted a de novo review, the Court finds that Plaintiffs objections should be OVERRULED. The Court has further conducted an independent review of the Magistrate Judge's findings and conclusions and finds no error. It is therefore ORDERED that the Findings, Conclusions, and Recommendation are hereby ADOPTED as the findings and conclusions of the Court. For the reasons stated therein, the Court ORDERS that Plaintiffs claim seeking the dismissal of his underlying state court criminal charge be DISMISSED without prejudice as barred by the Younger abstention doctrine. Plaintiffs remaining claims for damages are STAYED and this civil action is hereby ADMINISTRATIVELY CLOSED-pending final resolution of the state criminal charges currently pending against Plaintiff in Dallas County, Texas. Plaintiff is ORDERED to file a motion to reopen this proceeding within 60 days after the entry of final judgment in the underlying criminal proceedings. Failure to do so will result in the dismissal of this civil action under Federal Rule of Civil Procedure 41.
SO ORDERED.