Novak v. Novak
ORDER adopting 8 Report and Recommendation and Remanding Case to State Court. Signed by District Judge David M. Lawson. (SSch)
Case 2:22-cv-12427-DML-APP ECF No. 11, PageID.810 Filed 11/16/22 Page 1 of 2
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
ANITA M. NOVAK,
Case Number 22-12427
Honorable David M. Lawson
Magistrate Judge Anthony P. Patti
ORDER ADOPTING REPORT AND RECOMMENDATION
AND REMANDING CASE TO STATE COURT
Presently before the Court is the report issued on October 27, 2022 by Magistrate Anthony
P. Patti pursuant to 28 U.S.C. § 636(b). The report recommends that the Court dismiss the
plaintiff’s notice of removal and dismiss her attempted complaint for damages for lack of subjectmatter jurisdiction. The plaintiff’s failure to file objections to the report and recommendation
waives any further right to appeal. Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370,
1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge’s report releases the
Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985).
However, the Court agrees with the findings and conclusions of the magistrate judge, although the
remedy he proposes is not dismissal of this action. Rather, it is to remand the case to state court.
When the removal of a case to federal court is improper because of lack of subject matter
jurisdiction, the proper course of action is remand, not dismissal. 28 U.S.C. § 1447(c); Chase
Manhattan Mortg. Corp. v. Smith, 507 F.3d 910, 913 (6th Cir. 2007). Insofar as the plaintiff’s suit
papers are construed as a complaint for damages, the complaint will be dismissed.
Accordingly, it is ORDERED that the report and recommendation (ECF No. 8) is
Case 2:22-cv-12427-DML-APP ECF No. 11, PageID.811 Filed 11/16/22 Page 2 of 2
It is further ORDERED that the case is REMANDED to the Macomb County circuit court
for want of subject-matter jurisdiction.
It is further ORDERED that the plaintiff’s “complaint for damages” is DISMISSED
It is further ORDERED that the plaintiff’s petition for attorney’s fees (ECF No. 10) is
DENIED AS MOOT.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: November 16, 2022
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