LORUSSO
v.
JOHNSON
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The District Court adopted a magistrate judge's recommendation to dismiss a §2241 habeas petition under the Younger abstention doctrine, finding that federal court intervention was inappropriate where state court proceedings were ongoing. The court also denied a certificate of appealability.
The district court held that the §2241 habeas petition should be dismissed without prejudice under Younger v. Harris abstention doctrine, and that a certificate of appealability should be denied.
“the Court agrees with the magistrate judge's determination that Petitioner's §2241 habeas petition should be dismissed under Younger v. Harris, 401 U.S. 37 (1971)”
Establishes the court's adoption of the magistrate judge's recommendation and the legal standard applied for dismissal.
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Join FLexlaw to unlock all legal intelligencePetitioner LoRusso filed a §2241 habeas corpus petition in federal court. A magistrate judge issued a Report and Recommendation recommending dismissal…
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This case is before the Court based on the magistrate judge’s Report and Recommendation (Doc. 10). Petitioner filed a “Motion for Reconsideration” (Doc. 11) and a “Motion for Objections” (Doc. 12), which the Court treats collectively as Petitioner’s objections to the Report and Recommendation under Fed. R. Civ. P. 72(b)(2). Upon de novo consideration of the issues raised in the objection under 28 U.S.C. §636(b)(1) and Fed. R. Civ. P. 72(b)(3), the Court agrees with the magistrate judge’s determination that Petitioner’s §2241 habeas petition should be dismissed under Younger v. Harris, 401 U.S. 37 (1971). The Court also agrees that a certificate of appealability should be denied. Accordingly, it is ORDERED that:
1. The magistrate judge’s Report and Recommendation is adopted and incorporated by reference in this Order. 2. Petitioner’s §2241 habeas petition is DISMISSED without prejudice under Younger v. Harris, 401 U.S. 37 (1971).
3. A certificate of appealability is DENIED.
4. The Clerk shall enter judgment in accordance with this Order and close the case file. DONE AND ORDERED this 29th day of August, 2025.
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