STARK v. WHISTLER et al
ORDER ADOPTING 4 REPORT AND RECOMMENDATION: Clerk is directed to enter judgment stating that this case is DISMISSED. Clerk should also close the file. Signed by SENIOR JUDGE MAURICE M PAUL on 12/29/2016. (jws)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
JEFFREY E STARK,
CASE NO. 1:16-cv-00334-MP-GRJ
PHALADYA W DEAN, DARLA K WHISTLER,
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation dated November 3, 2016. (Doc. 4). The parties have been furnished a copy of
the Report and Recommendation and have been afforded an opportunity to file objections
pursuant to Title 28, United States Code, Section 636(b)(1). Plaintiff has filed objections at Doc.
5. I have made a de novo review based on those objections. Having considered the Report and
Recommendation, and the timely filed objections, I have determined that the Report and
Recommendation should be adopted. Under Younger v. Harris this Court should abstain from
this action which involves matters still pending in state court. The Magistrate Judge correctly
recommends this, and the objections do not offer any argument why abstention is not proper. It
ORDERED AND ADJUDGED:
The Magistrate Judge’s Report and Recommendation is adopted and incorporated by
reference in this order. The Clerk is directed to enter judgment stating that this case is
dismissed. The Clerk should also close the file.
DONE AND ORDERED this 29th day of December, 2016
s/Maurice M. Paul
Maurice M. Paul, Senior District Judge
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