Earnest Gathing, Jr. v. Kalamazoo Charter Township, et al.

Summary

The United States District Court for the Western District of Michigan adopts a magistrate judge’s report and recommendation granting Defendants’ motion to dismiss and denying Plaintiff’s motion for summary judgment. The court vacates the magistrate judge’s order rejecting Plaintiff’s proposed amended complaint and refers the motion for leave to amend for a determination of whether amendment would be futile. The court also denies the proposed addition of Plaintiff’s son, drops deceased Defendant Christian Smith, and orders that dismissal does not terminate the action.

Holdings

1. Under Federal Rule of Civil Procedure 72(b)(3), the district judge must determine de novo any part of a magistrate judge's disposition to which a proper objection is made and may accept, reject, modify, receive further evidence, or return the matter with instructions.
2. A motion for leave to amend embedded in objections to a report and recommendation, together with an attached proposed amended complaint, may constitute a valid request for leave to amend.
3. The complaint could not be dismissed in its entirety without assessing whether the proposed amended complaint would survive a renewed Rule 12(b)(6) motion; the motion for leave to amend was therefore referred to the magistrate judge to determine whether amendment would be futile.
4. Gathing was not entitled to summary judgment because Defendants timely moved to dismiss under Rule 12.
5. Gathing could not act as next friend for I.G. as a pro se plaintiff.
6. Christian Smith was no longer a proper party following his death and was dropped from the action.

Questions Presented

1. Whether the district court should adopt the magistrate judge's recommendation to grant Defendants' motion to dismiss and deny Gathing's motion for summary judgment.
2. Whether Gathing's embedded motion for leave to amend and attached proposed amended complaint constituted a valid request for leave to amend.
3. Whether the district court should decide in the first instance that amendment would be futile or instead refer the motion for leave to amend to the magistrate judge.
4. Whether Gathing could act as next friend for his son I.G. while proceeding pro se.
5. Whether deceased Defendant Christian Smith remained a proper party.

Disposition

other