The opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
CHRISTOPHER THAXTON,
Plaintiff,
v. Case No. 5:20cv3-TKW-EMT
JACKSON COUNTY CORRECTIONAL
FACILITY,
Defendant.
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ORDER
This case is before the Court based upon the magistrate judge’s Report and
Recommendation (R&R) (Doc. 7) and Plaintiff’s motion to stay (Doc. 8). The
motion to stay challenges the reasoning in the R&R and, therefore, will be treated as
Plaintiff’s objection to the R&R. See Fed. R. Civ. P. 72(b)(2).
Plaintiff argues that, contrary to the magistrate judge’s decision, the Younger
abstention doctrine does not apply here because he not challenging the underlying
civil contempt order, but rather he is “contesting [Defendant’s] right to ignore [his]
Writ of Habeas Corpus.” See Doc. 8 at 1. Plaintiff does not explain how Defendant
ignored his habeas petition, and contrary to the assertion quoted above, both the
original (Doc. 1) and amended (Doc. 5) petitions only challenge the legality of the
underlying civil contempt order. That challenge must be pursued in the state court
system, not the federal courts. See, e.g., Brown v. Coffin, 766 F. App’x 929 (11th
Cir. 2019); Pompey v. Broward Cnty., 95 F.3d 1543 (11th Cir. 1996).
Accordingly, based on the Court’s de novo review of the issues raised in the
motion to stay, see Fed. R. Civ. P. 72(b)(3), it is
ORDERED that:
1. Plaintiff’s motion to stay (Doc. 8) is treated as his objection to the
R&R and the objection is overruled.
2. The R&R (Doc. 7) is adopted and incorporated by reference in this
Order.
3. This case is DISMISSED, and the Clerk shall close the file.
DONE and ORDERED this 18th day of February, 2020.
T. Kent Wetherell, II
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE
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