Michel v. Detective Clarkson
Filing
16
ORDER ADOPTING REPORT AND RECOMMENDATIONS 14 by Chief Judge Daniel L. Hovland.(MM)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Travis A. Michel,
)
)
Plaintiff,
)
ORDER ADOPTING REPORT
)
AND RECOMMENDATION
vs.
)
)
Case No. 1:16-cv-414
Bismarck Police Department,
)
“Detective Clarkson”
)
)
Defendant.
)
______________________________________________________________________________
The Plaintiff is a former inmate of the Mercer County Jail and the Burleigh County Detention
Center who initiated this pro se action on December 2, 2016. See Docket No. 1. After screening
the amended complaint as required by 28 U.S.C. § 1915A, Magistrate Judge Charles S. Miller, Jr.
issued a Report and Recommendation on January 12, 2017, in which he recommended the action
be dismissed without prejudice. See Docket No. 14. The parties were given fourteen days to file
any objections to the Report and Recommendation. No objections were filed. The copy of the
Report and Recommendation was sent to the Plaintiff at his last known address at the Burleigh
County Detention Center, and was returned undeliverable on January 20, 2017. See Docket No. 14.
The Court has carefully reviewed the Report and Recommendation, relevant case law, and
the entire record, and finds the Report and Recommendation to be persuasive. The Plaintiff’s
complaint appears to rise out of a state criminal investigation and the Younger abstention doctrine
mandates that the federal courts refrain from interfering in those proceedings. In addition, the
Plaintiff has failed to provide the Court with updated contact information and thus the Court has no
means of communicating with him.
Accordingly, the Court ADOPTS the Report and Recommendation (Docket No. 14) in its
entirety and ORDERS the action be DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.
Dated this 6th day of February, 2017.
/s/ Daniel L. Hovland
Daniel L. Hovland, Chief Judge
United States District Court
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?