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O'Neal v. Remus

April 12, 2010

WENDELL DWAYNE O'NEAL, PLAINTIFF,
v.
CHARLES REMUS, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Honorable Gerald E. Rosen Chief Judge, United States District Court

Mag. Judge Michael Hluchaniuk

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFF'S COMPLAINT

At a session of said Court, held in the U.S. Courthouse, Detroit, Michigan on April 12, 2010

This matter having come before the Court on the March 17, 2010 Report and Recommendation of United States Magistrate Judge Michael Hluchaniuk recommending that the Court dismiss Plaintiff's Complaint pursuant to 28 U.S.C. § 1915 and Federal Rule of Civil Procedure 12(b)(1) because Plaintiff has failed to state any discernable claim for relief and this Court has no subject matter jurisdiction; and no timely objections having been filed; and the Court having reviewed the Magistrate Judge's Report and Recommendation and the Court's file of this matter; and having concluded that, for the reasons stated in the Report and Recommendation, Plaintiff's Complaint should be dismissed with prejudice, and being otherwise fully advised in the premises,

NOW, THEREFORE,

IT IS HEREBY ORDERED that the Magistrate Judge's March 17, 2010 Report and Recommendation [Dkt. # 12] is hereby ADOPTED by the Court.

IT IS FURTHER ORDERED that, for the reasons stated by the Magistrate Judge, Plaintiff Wendell Dwayne O'Neal's Complaint [Dkt. # 1] is DISMISSED WITH PREJUDICE.

Gerald E. Rosen Chief Judge, United States District Court

20100412

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