Wilson v. Pope

Filing 27

ORDER adopting Report and Recommendations re 12 Report and Recommendations and denying 9 Motion for Preliminary Injunction; denying 9 Motion for Judgment on the Pleadings; denying 9 Motion for Summary Judgment. Ordered by Judge C. Ashley Royal on 7/13/2011 (lap)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
DONALD PAUL WILSON,
Petitioner,
v.
Sheriff GENE POPE,
Respondent.

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Civil Action No. 5:11-cv-176
PROCEEDINGS UNDER
28 U.S.C. § 2254

ORDER ON UNITED STATES MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION
Before the Court is the United States Magistrate Judge’s Recommendation [Doc.
12] that Petitioner’s Motion for Injunctive Relief, Motion for Judgment on the Pleadings,
and Motion for Summary Judgment [Doc. 9] be denied. Petitioner filed an Objection
[Doc. 15] to the Recommendation. In the Recommendation, the Magistrate Judge
concluded that Plaintiff’s claims for an injunction to halt his state probation revocation
hearing must be denied first, because the Motion is premature as Respondent has not yet
filed an answer or other responsive pleading, and second, because this Court must abstain
from interfering with Petitioner’s ongoing state criminal proceeding. See Younger v.
Harris, 401 U.S. 37 (1971). The Magistrate Judge pointed out that while there are three
exceptions to Younger, Petitioner alleged no facts indicating bad faith, irreparable injury,
or inadequate state forum. In his Objection, Petitioner generally concludes that Butts
County officials “acted in bad faith causing irreparable injury and the Petitioner has no
state forum to complain.” Petitioner, however, provides no details other than this

conclusory statement, which is grossly inadequate for establishing a need for injunctive
relief. Having considered Petitioner’s objection and having investigated the matter de
novo, this Court agrees with the findings and conclusions of the United States Magistrate
Judge, and the Motion for Injunctive Relief, Motion for Judgment on the Pleadings, and
Motion for Summary Judgment [Doc. 9] is hereby denied. Therefore, the
Recommendation is HEREBY ADOPTED AND MADE THE ORDER OF THE
COURT.

SO ORDERED, this 13th day of July, 2011.

S/ C. Ashley Royal
C. ASHLEY ROYAL, JUDGE
UNITED STATES DISTRICT COURT

SSH

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