Flakes v. Unknown Party

Filing 29

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 13 ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

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

EDDIE FLAKES, JR.,
Plaintiff,
File No. 1:11-CV-640
v.
HON. ROBERT HOLMES BELL
UNKNOWN PARTY, named as Treasurer
of the United States, et al.,
Defendants.
/
ORDER APPROVING AND ADOPTING
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
On August 10, 2011, Magistrate Judge Joseph G. Scoville issued a Report and
Recommendation (“R&R”) recommending that Plaintiff Eddie Flakes, Jr.’s complaint, as
amended, be dismissed without prejudice for lack of subject-matter jurisdiction. (Dkt. No.
13.) This Court is required to make a de novo determination of those portions of the R&R
to which specific objection has been made, and may accept, reject, or modify any or all of
the Magistrate Judge’s findings or recommendations. 28 U.S.C. § 636(b)(1); Fed. R. Civ.
P. 72(b).
The R&R was duly served on Plaintiff. Plaintiff has not filed any objections to the
R&R, and the deadline for doing so has expired. Plaintiff has filed a number of letters,
affidavits, and a supplement to the complaint. (See Dkt. Nos. 14-25.) None of these filings
raise any specific objections to the R&R. Moreover, none of these filings purport to address
the issue of this Court’s subject-matter jurisdiction. On review, the Court concludes that the

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R&R has correctly determined that this Court lacks subject matter jurisdiction over Plaintiff’s
complaint. Accordingly,
IT IS HEREBY ORDERED that the August 10, 2011, R&R is ADOPTED as the
opinion of the Court.
IT IS FURTHER ORDERED that Plaintiff’s complaint, as amended and
supplemented, is DISMISSED WITHOUT PREJUDICE for lack of subject-matter
jurisdiction.

Dated: September 8, 2011

/s/ Robert Holmes Bell
ROBERT HOLMES BELL
UNITED STATES DISTRICT JUDGE

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