Scott v. Ocala Police Department et al

Filing 13

ORDER adopting #10 the Report and Recommendation; overruling #11, #12 Plaintiff's Objections; denying #2 the Motion to Proceed In Forma Pauperis; dismissing the case without prejudice; and directing the clerk to terminate any pending deadlines and close the file. Signed by Judge Timothy J. Corrigan on 5/13/2024. (VNG)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
EDDIE SCOTT,
Plaintiff,
v.

Case No. 5:24-cv-139-TJC-PRL

CRYSTAL BLANTON, Detective
and CITY OF OCALA, FLORIDA,
Defendants.

ORDER
This case is before the Court on the Amended Complaint and Motion to
Proceed In Forma Pauperis. Docs. 2, 9. On May 1, 2024, the assigned United
States Magistrate Judge issued a Report and Recommendation recommending
denying the motion and dismissing the case without prejudice for failure to
state a claim on which relief can be granted and under the Younger abstention
doctrine.

*

Doc.

10.

Plaintiff

filed

Objections

to

the

Report

and

Recommendation. Docs. 11, 12. Upon de novo review of the file and for the
reasons stated in the Report and Recommendation, Doc. 10, it is hereby

*See

Younger v. Harris, 401 U.S. 37 (1971). Under the Younger abstention
doctrine, a federal court may not interfere with or enjoin a criminal prosecution,
a civil proceeding akin to a criminal prosecution, or a civil proceeding involving
orders “uniquely in furtherance of the state [court’s] ability to perform [its]
judicial function.” Sprint Commc’ns, Inc. v. Jacobs, 571 U.S. 69, 72–73 (2013).

ORDERED:
1.

The Report and Recommendation of the Magistrate Judge, Doc. 10,

is ADOPTED as the opinion of the Court.
2.

Plaintiff’s Objections to the Report and Recommendation, Docs. 11,

12, are OVERRULED.
3.

The Motion to Proceed In Forma Pauperis, Doc. 2, is DENIED.

4.

This case is DISMISSED without prejudice for failure to state a

claim on which relief can be granted and under the Younger abstention
doctrine.
5.

The clerk is DIRECTED to terminate any pending deadlines and

close the file.
DONE AND ORDERED in Jacksonville, Florida, the 13th day of May,
2024.

vng
Copies to:
The Honorable Philip R. Lammens
United States Magistrate Judge
Eddie Scott
3617 NE 24th Court
Ocala, FL 34479
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