Robinson v. Ward et al, No. 3:2021cv00607 - Document 11 (N.D. Tex. 2021)
Court Description: Order Adopting 8 Findings and Recommendations. The Court ORDERS that Plaintiff's claim seeking the dismissal of his underlying state court criminal charge be DISMISSED without prejudice as barred by the Younger abstention doctrine. Plaint iff's 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. (Ordered by Senior Judge Sam R Cummings on 6/7/2021) (oyh)
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Robinson v. Ward et al Doc. 11 IN THE I.INITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION GREGORY ROBINSON, Plaintill. DEMAREUS WARD, et al, ) ) ) ) ) ) ) ) Defendants. ) Civil Action No. 3:2 I -CV-0607-C-BK ORDER 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 ofthe underlying state court criminal proceedings-l The Court condu cts a de novo review ofthose portions of the Magistrate Judge's report or specified proposed findings or recommendations to which a timely objection is made. 28 U.S.C. S 636(bX1)(C). Portions ofthe 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 enoneous or contrary to law. See (lnited Std,tes v. lyilson,864 F.2d 1219,l22l (5th Cir. 1989). After due consideration and having conducted a de novo review, the Court finds that Plaintiff s objections should be OVERRULED. The Court has further conducted an independent review ofthe Magistrate Judge's findings and conclusions and finds no error. It is therefore ORDERED that the Findings, Conclusions, and Recommendation are hereby I Plaintiff filed a Motion to Reopen on June I 2021 which the Court construes as objections to , , the Magistrate Judge's Findings, Conclusions, and Recommendation. Dockets.Justia.com ADOPTED as the findings and conclusions of the Court. For the reasons stated therein, the Court ORDERS that Plaintifls claim seeking the dismissal of his underlying state court criminal charge be DISMISSED without prejudice as baned by the Younger absrention doctrine. Ptaintifls remaining claims for damages are STAYED and this ADMINISTRATMLY CLOSED-pending final resolution civil action is hereby 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 SO ORDERED Procefe *is / 41. dayolJune,202l. R S GS D STATES I 2 CT JUDGE
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