The opinion
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
RICK DEAN SHARRAH PETITIONER
v. No. 2:21-CV-2128
SHERIFF RON BROWN DEFENDANT
ORDER
The Court has received a report and recommendation (Doc. 3) from Chief United States
Magistrate Judge Mark Ford. Plaintiff has filed objections (Doc. 5) and a motion (Doc. 4) to
transfer to protective custody. The Court has reviewed the report and recommendation de novo.1
The Magistrate recommends that Plaintiff’s habeas petition be dismissed without prejudice
pursuant to the Younger abstention doctrine. Plaintiff argues he has not consented to a magistrate
judge presiding over his case. Plaintiff’s consent is unnecessary. The Court referred the matter to
the Magistrate of its own accord, and Plaintiff has had the opportunity to present his objections on
the report and recommendation to the undersigned Article III Judge. Plaintiff’s objections offer
neither law nor fact to overcome the requirements of Younger abstention. The Court has reviewed
the report and recommendation and the record de novo, and the report and recommendation is
ADOPTED. Plaintiff’s motion to be transferred to federal protective custody will also be denied
pursuant to the Younger abstention doctrine because the issues he identifies can be addressed by
the State court.
IT IS THEREFORE ORDERED that Plaintiff’s case is DISMISSED WITHOUT
PREJUDICE. Judgment will be entered separately.
1 Although the objections deadline has not yet passed, Plaintiff’s objections trigger de novo
review. See Thompson v. Nix, 897 F.2d 356, 358 (8th Cir. 1990).
IT IS SO ORDERED this 20th day of August, 2021.
/s/P. K. Holmes,
P.K. HOLMES, III
U.S. DISTRICT JUDGE