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Wheeler v. City of Mt. Morris

United States District Court, E.D. Michigan

May 7, 2018

JEREMIE WHEELER, Plaintiff,
v.
CITY OF MT. MORRIS and JASON P. MOORE, Defendants.

          Nancy G. Edmunds Judge

          REPORT AND RECOMMENDATION TO GRANT DEFENDANTS' MOTION TO DISMISS (DE 19)

          ANTHONY P. PATTI UNITED STATES MAGISTRATE JUDGE

         I. RECOMMENDATION:

         The Court should GRANT Defendants' October 24, 2017 motion to dismiss (DE 19) as unopposed.

         II. REPORT:

         A. Background

         1. Landon v. City of Flint, No. 4:16-cv-11061-LVP-EAS (E.D. Mich.)

         On March 23, 2016, Karter Landon initiated a lawsuit against the City of Flint, Michigan. (DE 1.) The June 22, 2016 amended complaint alleges the following causes of action: (I) a violation of his right to due process and freedom from unconstitutional searches pursuant to the Fourth, Fifth, and Fourteenth Amendments to the United States Constitution (42 U.S.C. § 1983); (II) a violation of his right to equal protection pursuant to the Fourteenth Amendment to the United States Constitution (42 U.S.C. § 1983); and, (III) unjust enrichment. (DE 16 at 22-34.) Landon seeks several forms of relief. (DE 16 at 40-42.)

         On January 24, 2017, Judge Parker entered an opinion and order rejecting Defendant's objections to the Magistrate Judge's report and recommendation and granting Plaintiff's motion for a preliminary injunction. (DE 53.) This order specifically enjoined the City of Flint “from conducting inspections of the City's rental properties or penalizing any person for refusing to allow an inspection of any rental property in the absence of a warrant, other pre-compliance review process, or the existence of exigent circumstances as that term has been identified by the United States Supreme Court or the United States Court of Appeals for the Sixth Circuit.” (DE 53 at 6-7.)

         Approximately six months later, on June 27, 2017, Judge Parker entered another opinion and order, this one rejecting Defendant's objections to the Magistrate Judge's reports and recommendations and granting in part and denying in part the parties' motions for summary judgment. (DE 67.) Specifically, the Court granted the City of Flint's motion for summary judgment to the extent it sought dismissal of Plaintiff's equal protection claim and granted Plaintiff's motion for partial summary judgment “to the extent he seeks a declaration that the version of Flint's Rental Inspection Code in effect when this lawsuit was filed violates the Fourth Amendment[.]” (DE 67 at 15-16.)

         According to the second amended scheduling order, the jury trial is set to begin on June 11, 2018. (DE 78.)

         2. Instant Case

         Meanwhile, on March 31, 2017, Plaintiff Jeremie Wheeler, via counsel, filed this lawsuit against Defendants City of Mt. Morris and Jason P. Moore. The opening page of the complaint asserts that the Landon case arises “out of the transaction or similar occurrences alleged in this complaint . . . .” (DE 1 at 1 (emphasis in original).)

         The Wheeler lawsuit concerns rental unit inspection ordinances and sets forth the following causes of action: (I) declaratory judgment and injunction (28 U.S.C. § 2201, et seq.); (II) violation of right to due process and freedom from unconstitutional searches pursuant to the Fourth, Fifth, and Fourteenth Amendments (42 U.S.C. § 1983); (III) violation of right to equal protection pursuant to the Fourteenth Amendment to the United States Constitution (42 U.S.C. § 1983); (IV) regulatory ...


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