Robinson v. University of Detroit Mercy et al

Filing 16

ORDER DISMISSING CASE without prejudice for lack of subject matter jurisdiction and failure to show cause Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

HAROLD D. ROBINSON,
Plaintiff,
v.

Case No. 16-13752

UNIVERSITY OF DETROIT MERCY, et al.,
Defendants.

ORDER DISMISSING CASE WITHOUT PREJUDICE FOR LACK OF SUBJECT
MATTER JURISDICTION AND FAILURE TO SHOW CAUSE
Plaintiff Harold Robinson filed this civil rights case under 42 U.S.C. § 1983 on
October 21, 2016 (Dkt. # 1), and filed an amended complaint on January 3, 2017 (Dkt. #
4). Defendants, the University of Detroit Mercy and several of its employees, filed their
answer on March 2, 2017. (Dkt. # 11.) On March 22, 2017, after reviewing the amended
complaint, the court, sua sponte, ordered Plaintiff to show cause why the case should
not be dismissed for lack of subject matter jurisdiction. (Dkt. # 14.)
In its show cause order, the court observed that Plaintiff had alleged that
Defendant University of Detroit Mercy is a “private, non-profit coeducational corporation”
and had not plead facts to support the proposition that Defendants acted “under color of
state law” as required to set out a prima facie § 1983 claim. (Dkt. # 14, Pg. ID 120-21.)
The court ordered Plaintiff to show cause “in writing, no later than March 31, 2017, why
his case should not be dismissed for lack of subject matter jurisdiction. (Id. at Pg. ID 121
(emphasis in original).)

Plaintiff did not respond until April 13, 2017, when he filed a “stipulation of
dismissal” stating that he “stipulates to dismiss his complaint without prejudice.” (Dkt. #
15.) Plaintiff does not explain his failure to respond by the deadline set in the show
cause order. In any event, Plaintiff appears to agree that the court lacks subject matter
jurisdiction over the case. Accordingly,
IT IS ORDERED that the case is DISMISSED WITHOUT PREJUDICE for lack of
subject matter jurisdiction and failure to show cause.
s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

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Dated: April 19, 2017

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, April 19, 2017, by electronic and/or ordinary mail.

s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\JUDGE'S DESK\C1 ORDERS\16-13752.ROBINSON.stipulated.dismissal.TLH.docx

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