Legree v. Chisolm et al

Filing 12

ORDER adopting re 7 Report and Recommendations and dismissing plaintiff's complaint without prejudice. Signed by Judge William T. Moore, Jr on 7/29/11. (bcw)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
21IL 29 PJfj: 26
SAVANNAH DIVISION
ZEBEDEE LEGREE,

)

Plaintiff,

V.

CASE NO. CV411-077

DISTRICT ATTORNEY LARRY
CHISOLM, individually and in
his official capacity, and
DETECTIVE POLITE,
individually and in his
official capacity,
Defendants.

ORDER
Before the Court is the Magistrate Judge's Report and
Recommendation (Doc. 7), to which objections have been
filed (Doc. 11) . After a careful de novo review of the
record, the Court finds Plaintiff's objections to be
without merit. In his complaint and objections, Plaintiff
fails to adequately establish the presence of exceptional
circumstances that would warrant a federal court
intervening in a state court prosecution. See Younger v.
Harris, 401 U.S. 37, 49, 53-54 (1971); Perez v. Ledesma,
401 U.S. 82, 85 (1971) ("Only in cases of proven harassment
or prosecutions undertaken by state officials in bad faith
without hope of obtaining a valid conviction and perhaps in
other extraordinary circumstances where irreparable injury

can be shown is federal injunctive relief against pending
state prosecutions appropriate.-); see also Mitchum V.
Foster, 407 U.S. 255, 229-31 (1972) . Accordingly, the
report and recommendation is ADOPTED as the Court's opinion
in this case, and Plaintiff's complaint is DISMISSED
WITHOUT PREJUDICE. The Clerk of Court is DIRECTED to close
this case.
SO ORDERED this

2Yday of

July 2011.

WILLIAM T. MOORE, JR.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

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