Craig v. Smith

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The R&R 18 is APPROVED AND ADOPTED; Hall's Motion to Dismiss 13 is GRANTED; and this action is DISMISSED. The Clerk is directed to close the file. Signed by District Judge Waverly D. Crenshaw, Jr on 11/22/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
KIMBERLY CRAIG,
Petitioner,
v.
DARON HALL, Davidson County
Sheriff,
Respondent.

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No. 3:22-cv-00951

ORDER
Before the Court is the Magistrate Judge’s Report and Recommendation (“R&R”) (Doc.
No. 18) recommending that the Court grant Respondent Daron Hall’s (“Hall”) Motion to Dismiss
(Doc. No. 13) and dismiss the action. Petitioner Kimberly Craig (“Craig”) has not filed timely
objections to the R&R despite the R&R’s specific warnings regarding waiver. (See Doc. No. 18
at 8–9).
Having thoroughly reviewed the R&R, the Court agrees with the Magistrate Judge’s
analysis. Specifically, the Court agrees that: (1) the Younger v. Harris, 401 U.S. 37, 45 (1971)
abstention applies, given there is no question that Craig has an ongoing state criminal proceeding,
the prosecution of crimes implicates an important state interest, and Craig has been able to raise
and pursue her claim in state courts; (2) Craig fails to show that the Younger abstention does not
apply; and (3) even if the Younger abstention did not apply, Craig has not raised persuasive
arguments that she is entitled to Section 2241 habeas relief in light of Sixth Circuit precedent.
(See Doc. No. 18 at 5–8).

Accordingly, the R&R (Doc. No. 18) is APPROVED AND ADOPTED; Hall’s Motion to
Dismiss (Doc. No. 13) is GRANTED; and this action is DISMISSED. The Clerk is directed to
close the file.
IT IS SO ORDERED.

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WAVERLY D. CRENSHAW, JR.
UNITED STATES DISTRICT JUDGE

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