Howley v. Borchard

Filing 8

ORDER Adopting 6 Report and Recommendation, Overruling 7 Objections and ORDER DISMISSING CASE. Signed by District Judge Thomas L Ludington. (KMil) Modified on 12/23/2008 (KMil).

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION TERRY M. HOWLEY, Plaintiff, v. FRED L. BORCHARD, Defendant. _______________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION, OVERRULING PLAINTIFF'S OBJECTION, AND DISMISSING PLAINTIFF'S COMPLAINT FOR LACK OF JURISDICTION This matter is before the Court on a report issued by Magistrate Judge Charles E. Binder on October 20, 2008. The magistrate judge recommends sua sponte dismissal of Plaintiff's complaint for lack of jurisdiction. On November 3, 2008, Plaintiff filed an objection. However, Plaintiff's objection does not address any specific portion of the magistrate judge's report and recommendation, nor does Plaintiff argue that this Court has jurisdiction over the matter. The Court agrees with the reasoning and conclusion of the magistrate judge. Accordingly, it is ORDERED that the magistrate judge's report and recommendation [Dkt # 6] is ADOPTED. It is further ORDERED that Plaintiff's objection [Dkt. # 7]is OVERRULED. It is further ORDERED that Plaintiff's complaint [Dkt. # 1] is DISMISSED for lack of jurisdiction. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: December 23, 2008 Case Number 08-13977-BC Honorable Thomas L. Ludington

PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on December 23, 2008. s/Tracy A. Jacobs TRACY A. JACOBS

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