Gonzalez v. Stephens County District Attorney Office et al

Filing 8

ORDER ADOPTING 5 Report and Recommendation. This action is DISMISSED w/o prejudice under the Younger abstention doctrine. Alternatively, plf's claims should be dismissed under 28 U.S.C. § 1915A(b)(1) & (2) because the complaint fails to state a claim upon which §1983 relief may be granted & seeks monetary relief from a dft immune from relief, as set out in more detail in the Report. Finally, as recommended in the Report, 3 Plaintiff's Application for Leave to Proceed In Forma Pauperis is DENIED as moot. Signed by Honorable Stephen P. Friot on 10/19/2017. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
)
)
)
Plaintiff,
)
)
-vs)
STEPHENS COUNTY D.A. OFFICE, )
)
et al.,
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)
Defendants.
PEDRO ANTONIO GONZALEZ,

Case No. CIV-17-0949-F

ORDER
This action is brought by plaintiff Pedro Antonio Gonzalez, a pretrial detainee
appearing pro se. The action seeks relief under 42 U.S.C. § 1983. Magistrate Judge
Bernard M. Jones filed a Report and Recommendation on September 13, 2017. Doc.
no. 5 (the Report). The Report states that the magistrate judge has conducted an
initial review of the complaint, and that he recommends dismissal without prejudice
under the Younger abstention doctrine. Alternatively, the Report recommends
dismissal under 28 U.S.C. § 1915A(b)(1) and (2). If the Report is adopted, then the
Report also recommends denial of plaintiff’s application to proceed in forma
pauperis (doc. no. 3) as moot.
Any objection to the Report was due by October 4, 2017. The Report advises
that failure to make timely objection to the Report waives the right to appellate
review of the factual and legal issues addressed in the Report. No objection was
filed, nor has plaintiff sought an extension of time within which to object.

Having reviewed the Report and the record, the court concurs with the
determinations stated in the Report. The court further finds that given the detailed
analysis presented in the Report, no additional analysis is necessary here.
Therefore, upon review, and with no objection having been made to the
Report, the court ACCEPTS, AFFIRMS and ADOPTS the Report. This action is
hereby DISMISSED without prejudice under the Younger abstention doctrine.
Alternatively, plaintiff’s claims should be dismissed under 28 U.S.C. § 1915A(b)(1)
and (2) because the complaint fails to state a claim upon which §1983 relief may be
granted and seeks monetary relief from a defendant immune from relief, as set out
in more detail in the Report. Finally, as recommended in the Report, plaintiff’s
application for leave to proceed in forma pauperis (doc. no. 3) is DENIED as moot.
IT IS SO ORDERED this 19th day of October, 2017.

17-0949p002.docx

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