Kelly v. Cumberland County Court Collections Unit et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DAVID FITZGERALD KELLY,
Plaintiff,
v.
REBECCAH KECK, et al.,
Defendants.
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Civil No. 1:25-CV-01516
Judge Jennifer P. Wilson
ORDER
Before the court is the report and recommendation of Chief United States
Magistrate Judge Daryl F. Bloom recommending that the complaint be dismissed
because the injunctive relief sought is barred by the Anti-Injunction Act and the
claims are barred by the Younger abstention doctrine. (Doc. 5.) No party has filed
objections to the report and recommendation, resulting in the forfeiture of de novo
review by this court. Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (citing
Henderson v. Carlson, 812 F.2d 874, 878–79 (3d Cir. 1987)).
Following an independent review of the report and record, and affording
“reasoned consideration” to the uncontested portions of the report, EEOC v. City of
Long Branch, 866 F.3d 93, 100 (3d Cir. 2017) (quoting Henderson, 812 F.2d at
879), to “satisfy [the court] that there is no clear error on the face of the record,”
Fed. R. Civ. P. 72(b), advisory committee notes, the court finds that Chief Judge
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Bloom’s analysis is well-reasoned and fully supported by the record and applicable
law. Accordingly, IT IS ORDERED THAT:
1) The report and recommendation, Doc. 5, is ADOPTED.
2) Plaintiff’s complaint, Doc. 1, is DISMISSED WITHOUT
PREJUDICE to his claims being reasserted in a new civil action at
the conclusion of his state criminal case.
3) The Clerk of Court is directed to close this case.
s/Jennifer P. Wilson
JENNIFER P. WILSON
United States District Judge
Middle District of Pennsylvania
Dated: January 21, 2026
Case 1:25-cv-01516-JPW Document 6 Filed 01/21/26 Page 2 of 2