Harken v. Lansing, City of

Filing 46

ORDER ADOPTING REPORT AND RECOMMENDATION 45 ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JAMES HARKEN,
Plaintiff,
Case No.: 1:16-cv-1018
v.
HONORABLE PAUL L. MALONEY

CITY OF LANSING,
Defendant.
/
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court has reviewed the Report and Recommendation filed by United States Magistrate
Judge Phillip J. Green in this action (ECF No. 45). The Report and Recommendation was duly
served on the parties. No objections have been filed.
The Magistrate Judge recommended dismissal under Fed. R. Civ. P. 12(b)(6). However, since
the pleadings were closed, see Fed. R. Civ. P. 7(a), 12(c), sua sponte dismissal at this stage is proper
under Fed. R. Civ. P. 12(c). See, e.g., Flora v. Home Fed. Sav. and Loan Ass’n, 685 F.2d 209, 21112 (“[A]fter the pleadings are closed . . . [a] sua sponte dismissal for failure to state a claim [under
Fed. R. Civ. P. 12(c)] is justified if there is a sufficient basis for the court’s action apparent from the
pleadings.”).
ACCORDINGLY, the Report and Recommendation is hereby adopted as the opinion of the
Court. THEREFORE, IT IS ORDERED that pursuant to Fed. R. Civ. P. 12(c), Plaintiff's
complaint is DISMISSED for failure to state a claim upon which relief can be granted. This action
is terminated.

Dated: March 24, 2017

/s/ Paul L. Maloney
Paul L. Maloney
United States District Judge