Moiles v. Roubal et al

Filing 9

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 6 , dismissing plaintiff's complaint for lack of subject matter jurisdiction ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

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

KENNETH L. MOILES,
Plaintiff,
v.

Case No. 1:11-CV-1088
Honorable Robert Holmes Bell

LOU ROUBAL, et al.,
Defendants.
____________________________________/
ORDER APPROVING AND ADOPTING
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
On October 24, 2011, Magistrate Judge Joseph G. Scoville issued a Report and
Recommendation (“R&R”) (Dkt. No. 4) recommending that Plaintiff’s civil rights complaint
be dismissed pursuant to 28 U.S.C. § 1915(e)(2) for failure to state a claim upon which relief
can be granted. (Dkt. No. 4.) Plaintiff filed an amended complaint on November 4, 2011.
(Dkt. No. 5.) On January 13, 2012, Magistrate Judge Scoville issued a supplemental report
and recommendation recommending that Plaintiff’s complaint be dismissed for lack of
subject matter jurisdiction. (Dkt. No. 6.) Plaintiff was granted an extension of time to file
objections to the supplemental report and recommendation. (Dkt. No. 8.) No objections
have been filed, and the deadline for doing so has expired. The Court has reviewed the
matter and concludes that the R&R correctly analyzes the issues and makes a sound
recommendation. Accordingly,

IT IS HEREBY ORDERED

that the Magistrate Judge’s January 13, 2012,

Supplemental Report and Recommendation (Dkt. No. 6) is APPROVED and ADOPTED
as the opinion of the Court.
IT IS FURTHER ORDERED that Plaintiff’s complaint is DISMISSED for lack
of subject matter jurisdiction.

Dated: February 28, 2012

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

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