Flakes v. Unknown Party
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
EDDIE FLAKES, JR.,
File No. 1:11-CV-640
HON. ROBERT HOLMES BELL
UNKNOWN PARTY, named as Treasurer
of the United States, et al.,
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.
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
R&R has correctly determined that this Court lacks subject matter jurisdiction over Plaintiff’s
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
Dated: September 8, 2011
/s/ Robert Holmes Bell
ROBERT HOLMES BELL
UNITED STATES DISTRICT JUDGE
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