Raphael Williams, Jr. v. Private Mortgage Investment, LLC, Series 49

Summary

The United States District Court for the Eastern District of Michigan dismissed without prejudice a pro se plaintiff’s attempted removal of a state landlord-tenant action. The court concluded that the matter fell within the scope of the district court’s automatic referral of bankruptcy-related proceedings to the Bankruptcy Court under E.D. Mich. LR 83.50 and therefore dismissed the case for lack of jurisdiction.

Holdings

1. A matter arising in or related to a bankruptcy case falls within E.D. Mich. LR 83.50 and is automatically referred to the Bankruptcy Court unless a district judge withdraws the reference; therefore, the district court lacked jurisdiction to consider this case.
2. The case was dismissed without prejudice pursuant to E.D. Mich. LR 83.50 because the district court lacked jurisdiction.

Questions Presented

1. Whether the district court had jurisdiction to entertain a matter arising in or related to Plaintiff's Chapter 13 bankruptcy case when E.D. Mich. LR 83.50 automatically referred such matters to the Bankruptcy Court.
2. Whether the case should be dismissed without prejudice because the district court lacked jurisdiction under E.D. Mich. LR 83.50.

Disposition

dismissed