O'Neal v. Remus et al

Filing 16

ORDER ADOPTING MAGISTRATE JUDGE'S 12 Report and Recommendation AND DISMISSING PLAINTIFF'S COMPLAINT. Signed by District Judge Gerald E Rosen. (RGun)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION WENDELL DWAYNE O'NEAL, Plaintiff, v. CHARLES REMUS, et al., Defendants. _____________________________/ ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFF'S COMPLAINT At a session of said Court, held in the U.S. Courthouse, Detroit, Michigan on April 12, 2010 PRESENT: Honorable Gerald E. Rosen Chief Judge, United States District Court This matter having come before the Court on the March 17, 2010 Report and Recommendation of United States Magistrate Judge Michael Hluchaniuk recommending that the Court dismiss Plaintiff's Complaint pursuant to 28 U.S.C. § 1915 and Federal Rule of Civil Procedure 12(b)(1) because Plaintiff has failed to state any discernable claim for relief and this Court has no subject matter jurisdiction; and no timely objections having been filed; and the Court having reviewed the Magistrate Judge's Report and Recommendation and the Court's file of this matter; and having concluded that, for the reasons stated in the Report and Recommendation, Plaintiff's Complaint should be Case No. 09-14661 Hon. Gerald E. Rosen Mag. Judge Michael Hluchaniuk

dismissed with prejudice, and being otherwise fully advised in the premises, NOW, THEREFORE, IT IS HEREBY ORDERED that the Magistrate Judge's March 17, 2010 Report and Recommendation [Dkt. # 12] is hereby ADOPTED by the Court. IT IS FURTHER ORDERED that, for the reasons stated by the Magistrate Judge, Plaintiff Wendell Dwayne O'Neal's Complaint [Dkt. # 1] is DISMISSED WITH PREJUDICE.

s/Gerald E. Rosen Chief Judge, United States District Court Dated: April 12, 2010
I hereby certify that a copy of the foregoing document was served upon Wendell Dwayne O'Neal, 126 Mills Creek Crossing, Madison, AL 35758 on April 12, 2010, by ordinary mail. s/Ruth A.Gunther Case Manager [phone]

2