McNeill v. Wayne County Third Circuit Court, et al

Filing 22

ORDER Adopting 20 Report and Recommendation re 9 Motion to Dismiss filed by Wayne County Third Circuit Court, 15 Motion to Dismiss filed by Wayne, County of. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROSZETTA MARIE MCNEILL,
Plaintiff,
Case No. 16-11292
v.
Hon. John Corbett O’Meara
WAYNE COUNTY THIRD CIRCUIT
COURT and WAYNE COUNTY,
Defendants.
_________________________________/
ORDER ADOPTING REPORT
AND RECOMMENDATION
Before the court is Magistrate Judge David R. Grand’s report and
recommendation, filed June 12, 2017. Magistrate Judge Grand recommends that
the court grant Defendants’ motions to dismiss. Plaintiff Roszetta Marie McNeill
filed objections on June 23, 2017.
With respect to reports and recommendations from magistrate judges, this
court “shall make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made.” 28
U.S.C. § 636(b)(1)(C). The court “may accept, reject or modify, in whole or in
part, the findings or recommendations made by the magistrate.” Id.
Having reviewed the record and Plaintiff’s objections, the court agrees with

Magistrate Judge Grand’s analysis and conclusion that the Rooker-Feldman
doctrine precludes Plaintiff’s claims and that there is no basis for this court to
exercise superintending control over Wayne County Circuit Court.
Accordingly, IT IS HEREBY ORDERED that Magistrate Judge Grand’s
June 12, 2017 report and recommendation is ADOPTED.
IT IS FURTHER ORDERED that Plaintiff’s objections are OVERRULED
and Defendants’ motions to dismiss are GRANTED. Judgment will be entered in
favor of Defendants.
s/John Corbett O’Meara
United States District Judge
Date: July 26, 2017

I hereby certify that a copy of the foregoing document was served upon the
parties of record on this date, July 26, 2017, using the ECF system and/or ordinary
mail.

s/William Barkholz
Case Manager

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