Miller v. Fiedler

Filing 21

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 4 , 17 ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, sdb)

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

WILLIAM MILLER,
Plaintiff,
v.

Case No. 1:13-CV-566
HON. ROBERT HOLMES BELL

WOLF FIEDLER,
Defendant.
____________________________________/
ORDER APPROVING AND ADOPTING
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
On December 5, 2013, Magistrate Judge Joseph G. Scoville issued a Report and
Recommendation (“R&R”) recommending that Defendant’s motion to dismiss for lack of
personal jurisdiction be denied without prejudice, but that his motion to dismiss the
complaint for failure to state a claim upon which relief can be granted under Fed. R. Civ. P.
12(b)(6) be granted. (Dkt. No. 17, R&R.) Objections were due within fourteen days of
service of the R&R, but the Court granted Plaintiff’s motion for an extension of time until
January 22, 2014, to file objections. (Dkt. No. 20, Order.) No objections have been filed,
and the extended 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 December 5, 2013, R&R

(Dkt. No. 17) is APPROVED and ADOPTED as the opinion of the Court.
IT IS FURTHER ORDERED that Defendant’s motion to dismiss (Dkt. No. 4) is
GRANTED IN PART and DENIED IN PART. To the extent Defendant moves to dismiss
for lack of personal jurisdiction, the motion is DENIED WITHOUT PREJUDICE. To the
extent Defendant moves to dismiss for failure to state a claim upon which relief can be
granted under Fed. R. Civ. P. 12(b)(6), the motion is GRANTED.
IT IS FURTHER ORDERED that Plaintiff’s complaint is DISMISSED.

Date: January 24, 2014

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

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