Jakubowski v. Michigan Department of Corrections et al

Filing 2

REVISED ORDER dismissing action against defendants MDOC and Unknown Party #1 with prejudice TRANSFERRING CASE to the Eastern District of Michigan; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)[Transferred from miwd on 4/27/2018.]

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
______
JOHN JAKUBOWSKI,
Plaintiff,

Case No. 1:18-cv-391

v.

Honorable Paul L. Maloney

MICHIGAN DEPARTMENT OF
CORRECTIONS et al.,
Defendants.

____________________________/
REVISED ORDER FOR PARTIAL DISMISSAL
AND TRANSFER
On April 26, 2018, after reviewing the complaint under 28 U.S.C. §§ 1915(e)(2),
1915A; 42 U.S.C. § 1997e(c), the Court issued an Opinion (ECF No. 4) dismissing the claims
against Defendants Michigan Department of Corrections and Unknown Party #1 for failure to state
a claim and directing transfer of the remainder of the complaint to the Eastern District of Michigan.
That same date, the Court entered an Order (ECF No. 5) intended to accord with the Opinion. The
Order, however, inaccurately reflected the substance of the Opinion. Accordingly,
IT IS ORDERED that the Order (ECF No. 5) issued on April 26, 2018, is hereby
VACATED.
IT IS FURTHER ORDERED that, consistent with the Opinion issued on April
26, 2018, Plaintiff’s action against Defendant Michigan Department of Corrections and Unknown
Party #1 be DISMISSED WITH PREJUDICE on grounds of immunity and failure to state a
claim upon which relief may be granted, pursuant to 28 U.S.C. §§ 1915(e) and 1915A, and 42
U.S.C. § 1997e(c).

IT IS FURTHER ORDERED that the remainder of the action be
TRANSFERRED to the Eastern District of Michigan, under 28 U.S.C. §§ 1391(b) and 1404(a).

Dated:

April 26, 2018

/s/ Paul L. Maloney
Paul L. Maloney
United States District Judge

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