CHERRY v. POWELL ( 2021 )

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION JASON PAUL CHERRY, Petitioner, vs. Case No.: 3:21cv1226/MCR/EMT WILLIAM POWELL, Respondent. _____________________________/ ORDER The chief magistrate judge issued a Report and Recommendation on November 3, 2021 (ECF No. 8). The court provided Petitioner a copy of the Report and Recommendation and afforded him an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of all timely filed objections. Having considered the Report and Recommendation, and any timely filed objections thereto, I have determined the Report and Recommendation should be adopted. Accordingly, it is now ORDERED as follows: 1. The chief magistrate judge’s Report and Recommendation (ECF No. 8) is adopted and incorporated by reference in this order. 2. The amended habeas petition (ECF No. 6) is DISMISSED without prejudice for failure to exhaust state court remedies and pursuant to the abstention doctrine of Younger v. Harris, 401 U.S. 27 (1971). 3. A certificate of appealability is DENIED. 4. The clerk of court is directed to enter judgment in accordance with this order and close the case. DONE AND ORDERED this 3rd day of December 2021. M. Casey Rodgers M. CASEY RODGERS UNITED STATES DISTRICT JUDGE