Michael Robert Bye v. Justun Munn, et al.

Summary

The United States District Court for the Western District of Michigan adopted the Magistrate Judge’s Report and Recommendation without objection. The court dismissed Plaintiff’s claims against Dave Cunningham without prejudice for lack of subject matter jurisdiction, terminated Cunningham as a defendant, dismissed Plaintiff’s motions as moot, and certified that an appeal would not be taken in good faith.

Holdings

1. The district court approved and adopted the magistrate judge's Report and Recommendation as the Opinion of the Court.
2. Plaintiff's claims against Dave Cunningham were dismissed without prejudice for lack of subject matter jurisdiction.
3. Plaintiff's motions to dismiss without prejudice as to Cunningham were dismissed as moot after the underlying claims were dismissed.
4. The court certified that an appeal of the decision would not be taken in good faith because plaintiff failed to file objections.

Questions Presented

1. Whether the district court should adopt the magistrate judge's recommendation to dismiss the claims against the sole remaining defendant for lack of subject matter jurisdiction when no objections were filed.
2. Whether plaintiff's motions to dismiss his claims against the remaining defendant without prejudice should be dismissed as moot.
3. Whether the court should certify under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith.

Disposition

dismissed