Kim v. American Campus Communities et al

Filing 11

OPINION AND ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 8 ; Plaintiff's Complaint is DISMISSED; Judgment to issue; signed by Judge Janet T. Neff (Judge Janet T. Neff, clb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JOO HWANG KIM,
Plaintiff,

Case No. 1:14-cv-1053

v

HON. JANET T. NEFF

AMERICAN CAMPUS
COMMUNITIES, et al.,
Defendants.
_______________________________/

OPINION AND ORDER
Plaintiff, proceeding pro se, filed this lawsuit in September 2014 against American Campus
Communities and various unknown Defendants, alleging (1) Discrimination, (2) Breach of Contract
and (3) Damages arising from his August 26, 2013 apartment lease (Compl., Dkt 1). The case was
referred to the Magistrate Judge (Dkt 7), who conducted an initial review of the Complaint pursuant
to 28 U.S.C. § 1915(e)(2) to determine whether it is frivolous, malicious, or fails to state a claim
upon which relief can be granted. The Magistrate Judge issued a Report and Recommendation
(R&R, Dkt 8), recommending that this Court dismiss Plaintiff’s complaint for failure to state a claim
upon which relief may be granted. The matter is presently before the Court on Plaintiff’s objections
to the Report and Recommendation (Dkt 10).
In accordance with 28 U.S.C. § 636(b)(1) and FED. R. CIV. P. 72(b)(3), the Court has
performed de novo consideration of those portions of the Report and Recommendation to which
objections have been made. The Court determines that the Magistrate Judge carefully and
thoroughly considered Plaintiff’s Complaint and attached exhibits in light of the law governing his

claims. Plaintiff asserts that the Magistrate Judge “misinterpreted” his claims; neglected to
acknowledge Defendants’ “continued acts of negligence, harassment and discrimination;” and failed
to allot “sufficient time for further motions and claims” (Objs., Dkt 10). However, Plaintiff proffers
no argument that would warrant rejecting the Magistrate Judge’s determination that the complaint
alleged “essentially a landlord-tenant dispute” and that “the facts alleged in the Complaint, even if
accepted as true, fail to rise to the standards of Ashcroft v. Iqbal, 556 U.S. 662 (2009), and Bell
Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), to state a claim upon which relief may be granted
in this court” (R&R, Dkt 8 at 3). For the reasons stated in the Report and Recommendation, the
Court agrees that the Complaint is properly dismissed for failure to state a claim. Accordingly, the
Court will adopt the Magistrate Judge’s Report and Recommendation as the Opinion of this Court
and enter a Judgment consistent with this Opinion and Order. See FED. R. CIV. P. 58.
THEREFORE, IT IS ORDERED that the Objections (Dkt 10) are DENIED, and the
Report and Recommendation (Dkt 8) is APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that Plaintiff’s Complaint (Dkt 1) is DISMISSED.

/s/ Janet T. Neff
JANET T. NEFF
United States District Judge

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Dated: July ___, 2015

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