UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
NOAH BREWINGTON, )
)
Plaintiff, )
)
v. ) Docket no. 2:23-cv-00156-GZS
)
ROY E. MCKINNEY, et al., )
)
Defendants. )
)
ORDER AFFIRMING RECOMMENDED DECISION
On April 27, 2023, the United States Magistrate Judge filed with the Court his
Recommended Decision after Review of Plaintiff’s Complaint (ECF No. 6). Plaintiff filed his
Objection (ECF No. 7) on May 9, 2023.
The Court has made a de novo determination of all matters adjudicated by the Magistrate
Judge’s Recommended Decision and concurs with the recommendations of the Magistrate Judge
for the reasons set forth in that order.1 As a result, the Court determines that no further proceedings
are necessary with respect to this Recommended Decision.
It is therefore ORDERED that:
1. This Recommended Decision is hereby AFFIRMED to the extent that it
recommended dismissal based on Younger abstention.
2. This case is hereby DISMISSED without prejudice based on the Court’s sua
sponte determination that the Court must abstain from the exercise of federal
1 The Court notes that to the extent the Recommended Decision suggested that the Court could reconsider its decision
to abstain upon proof that the underlying state criminal proceeding has concluded, nothing in Plaintiff’s most recent
92-page filing suggests that his state criminal case has concluded. See Rec. Dec., PageID # 170 n.2.
jurisdiction under Younger v. Harris, 401 U.S. 37 (1971), while Plaintiff’s state
criminal proceeding remains pending and his complaints can be raised in the
context of those state proceedings.
3. The Emergency Motion to treat this matter as a petition for mandamus is
DISMISSED as moot.
SO ORDERED.
/s/ George Z. Singal
United States District Judge
Dated this 11th day of May, 2023.
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