Summary
The United States District Court for the Middle District of Pennsylvania adopted a magistrate judge’s report and recommendation recommending dismissal of David Fitzgerald Kelly’s complaint. The court dismissed the complaint without prejudice because the requested injunctive relief was barred by the Anti-Injunction Act and the claims were subject to Younger abstention, and directed the Clerk to close the case.
Holdings
- A party's failure to object forfeited de novo review, but the district court independently reviewed the report and record, giving reasoned consideration to the uncontested portions and reviewing for clear error.
- The complaint was dismissed without prejudice because the requested injunctive relief was barred by the Anti-Injunction Act and the claims were barred by the Younger abstention doctrine.
Questions Presented
- Whether the uncontested report and recommendation should be adopted after the plaintiff failed to file objections.
- Whether the complaint should be dismissed because the requested injunctive relief was barred by the Anti-Injunction Act.
- Whether the claims should be dismissed under the Younger abstention doctrine.
Disposition
dismissed
Cases Cited (3)
- Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007)(followed)
- Henderson v. Carlson, 812 F.2d 874, 878–79 (3d Cir. 1987)(followed)
- EEOC v. City of Long Branch, 866 F.3d 93, 100 (3d Cir. 2017)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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