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 the complaint for lack of subject matter jurisdiction, denied the defendant's motion to dismiss without prejudice, and certified that an appeal would not be taken in good faith.
Holdings
- The district court approved and adopted the magistrate judge's Report and Recommendation as the opinion of the court because no objections had been filed.
- The complaint was dismissed for lack of subject matter jurisdiction.
- Defendant's motion to dismiss was denied without prejudice after the complaint was dismissed for lack of subject matter jurisdiction.
Questions Presented
- Whether the Report and Recommendation should be adopted in the absence of objections.
- Whether the complaint should be dismissed for lack of subject matter jurisdiction.
- Whether Defendant's motion to dismiss should be denied without prejudice following dismissal of the complaint.
Disposition
dismissed
Cases Cited (2)
- McGore v. Wrigglesworth, 114 F.3d 601, 610-11 (6th Cir. 1997)(overruled in part)
- Jones v. Bock, 549 U.S. 199, 206, 211-12 (2007)(overruling authority)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…