Summary
The United States District Court for the Eastern District of Michigan adopted a magistrate judge’s report and recommendation recommending denial of Marlo Darius Brown’s motion for a temporary restraining order. The court stayed and administratively closed the case under Younger v. Harris pending conclusion of Brown’s ongoing state criminal prosecution, while permitting him to move to reopen within 60 days after that prosecution concludes.
Holdings
- When no party objects within the prescribed period, the parties forfeit their right to appeal the magistrate judge's findings, and the district court may review the report for prejudicial clear error.
- Brown's motion for a temporary restraining order was denied.
- The case was stayed and administratively closed until the conclusion of Brown's ongoing state criminal prosecution, with leave for Brown to move to reopen within sixty days after that prosecution concludes.
Questions Presented
- Whether the district court should adopt the magistrate judge's report and recommendation when no party filed objections.
- Whether Brown's motion for a temporary restraining order should be denied.
- Whether the federal case should be stayed and administratively closed under Younger v. Harris while Brown's state criminal prosecution remains ongoing.
Disposition
other
Cases Cited (3)
- Younger v. Harris, 401 U.S. 37 (1971)(applied)
- Berkshire v. Dahl, 928 F.3d 520, 530–31 (6th Cir. 2019)(applied)
- Thomas v. Arn, 474 U.S. 140, 149 (1985)(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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