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MICHAEL D. SIMS, Plaintiff, v. SETH HUBER, et. al., Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING COMPLAINT WITHOUT PREJUDICE

FRANKLIN BURGESS, District Judge

The Magistrate Judge recommends that this 42 U.S.C. § 1983 civil rights action be dismissed with prejudice for failure to state a claim. As detailed by The Magistrate Judge, the Plaintiff seeks to invoke this Court's jurisdiction to dismiss state criminal charges against him. The Magistrate Judge ordered Plaintiff to show cause why this action should not be dismissed for failure to state a claim. Plaintiffs' response fails to address the Younger abstention doctrine. See, Younger v. Harris, 401 U.S. 37 (1971). Dismissal will allow Plaintiff to litigate his claim in the state court and only after doing so, he may determine whether to seek redress in Federal Court any remaining cognizable federal claims.

The Court, having reviewed the Plaintiff's complaint, Report and Recommendation of Magistrate Judge Karen L. Strombom, Plaintiff's response to show cause, and the remaining record, does hereby find and ORDER:

(1) The Court adopts the Report and Recommendation;
(2) The complaint is DISMISSED WITHOUT PREJUDICE;
(3) The Clerk is directed to send copies of this Order to Plaintiff, to counsel for Defendants, and to the Hon. Karen L. Strombom.

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SIMS v. HUBER
(Aug 1, 2006)