Meitzner v. Young et al

Filing 16

ORDER Adopting 15 Report and Recommendation, Denying Plaintiff's 11 Motion for Default Judgment and 12 Motion to Amend, Granting Defendants' 9 Motion to Dismiss, and Dismissing Plaintiff's 1 Complaint. Signed by District Judge Thomas L. Ludington. (Sian, M)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
LARRY MEITZNER,
Plaintiff,
v

Case No. 15-cv-14444
Honorable Thomas L. Ludington
Magistrate Judge Patricia T. Morris

ROBERT P. YOUNG, JR., et al.,
Defendants.
__________________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING PLAINTIFF’S
MOTION FOR DEFAULT JUDGMENT AND MOTION TO AMEND, GRANTING
DEFENDANTS’ MOTION TO DISMISS, AND DISMISSING PLAINTIFF’S
COMPLAINT
Plaintiff Larry Meitzner, appearing pro se, initiated this action on December 23, 2015.
ECF No. 1. Meitzner alleges that five justices on the Michigan Supreme Court wrongfully
refused to review a “falsified” opinion of the Michigan Court of Appeals that rejected his claims.
ECF No. 1. Meitzner alleges that this action constitutes conspiracy in violation of 42 U.S.C. §
1985. Id.

Meitzner further alleged that the Michigan Supreme Court justices wrongfully used

law clerks to assist them. As a remedy, Meitzner requests $30,000 in compensatory damages,
$20,000,000 in punitive damages, and federal oversight of the Michigan Supreme Court’s use of
law clerks. Id.
Defendants were served on January 4, 2016.

ECF No. 7.

On January 25, 2016

Defendants timely filed a joint motion to dismiss. ECF No. 9. On January 28, 2016 Meitzner
filed a motion for a default judgment, alleging that Defendants had not timely responded to his
complaint. ECF No. 11. Then, on February 16, 2016 Meitzner filed a motion to amend his
complaint. ECF No. 12.

On March 3, 2016 Magistrate Judge Patricia T. Morris issued a report recommending that
Defendants’ motion to dismiss be granted and Meitzner’s motion for default and motion to
amend be denied. ECF No. 15. The Magistrate Judge notes that this is Meitzner’s third suit in a
series of suits against Michigan judicial officers based on actions they took while acting within
their judicial capacity and jurisdiction, and that Meitzner has been put on notice of the frivolous
nature of such actions. As with Meitzner’s previous two lawsuits, the Magistrate Judge
concludes that Meitzner’s instant suit fails to state a claim upon which relief can be granted and
is barred by both the Rooker-Feldman doctrine and the doctrine of judicial immunity. She
therefore recommends dismissing Meitzner’s complaint with prejudice.1
Although the Magistrate Judge’s report explicitly stated that the parties to this action
could object to and seek review of the recommendation within fourteen days of service of the
report, neither Plaintiff nor Defendants filed any objections. The election not to file objections to
the Magistrate Judge’s report releases the Court from its duty to independently review the record.
Thomas v. Arn, 474 U.S. 140, 149 (1985). The failure to file objections to the report and
recommendation waives any further right to appeal.
Accordingly, it is ORDERED that the Magistrate Judge’s report and recommendation,
ECF No. 15, is ADOPTED.
It is further ORDERED that Plaintiff Larry Meitzner’s motion for default judgment, ECF
No. 11, is DENIED.
It is further ORDERED that Plaintiff Larry Meitzner’s motion to amend his complaint,
ECF No. 12, is DENIED.

1

The Magistrate Judge’s report also recommends imposing sanctions against Meitzner under Rule 11. While
sanctions will not be imposed at this time, any further filings by Meitzner against judicial officers based on actions
they took while acting within their judicial capacity and jurisdiction will likely result in sanctions.

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It is further ORDERED that Defendants’ motion to dismiss, ECF No. 9, is GRANTED.
It is further ORDERED that Plaintiff Larry Meitzner’s complaint, ECF No. 1, is
DISMISSED with prejudice.
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
Dated: March 22, 2016

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 March 22, 2016.
s/Michael A. Sian
MICHAEL A. SIAN, Case Manager

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