United States District Court, E.D. Michigan, Southern Division
David
R. Grand Magistrate Judge
ORDER ADOPTING REPORT AND RECOMMENDATION, OVERRULING
OBJECTIONS, AND DISMISSING COMPLAINT
DAVID
M. LAWSON UNITED STATES DISTRICT JUDGE
Plaintiff
Troy English filed a complaint against the Michigan
Unemployment Insurance Agency for benefits he characterizes
as “back pay.” He was allowed to proceed without
prepayment of fees, and the case was referred to Magistrate
Judge David Grand for pretrial management. Judge Grand filed
a report on October 9, 2019 recommending that the complaint
be dismissed because the defendant is a state agency that is
immune from suit in federal court under the Eleventh
Amendment to the United States Constitution. English filed
timely objections, and the case is now before the Court for
fresh review.
I.
English
used a preprinted form to file his complaint. When asked for
the basis of federal jurisdiction, he checked the box that
stated “Federal question, ” but he left blank the
section asking him to list the citations to federal law or
the Constitution on which he was relying. For the basis of
his claim, he wrote:
I filed for a UIA claim, in June 2017 for being on medical in
which I did not know you could file for that reason in which
the UIA Agency told me that I cannot file or receive benefits
for that reason, so I would like to sue the UIA, for benefits
He asks
for payment of $19, 844, which he says amounts to benefits
from July 27, 2016 through July 27, 2017.
With
his complaint, English also filed an application to waive the
prepayment of fees, alleging that he could not afford to pay
them in advance. The Court granted the application to allow
English to proceed as a pauper.
When a
plaintiff has asked the Court to waive fees and costs because
he cannot afford to pay them, the Court has an obligation to
screen the case for merit and dismiss the case if it
“(i) is frivolous or malicious; (ii) fails to state a
claim on which relief may be granted; or (iii) seeks monetary
relief against a defendant who is immune from such
relief.” 28 U.S.C. § 1915(e)(2)(B). Judge Grand
screened the case, as he was required to do, and determined
that English could not proceed because the only defendant he
sued is immune from suit. He recommended that the case be
dismissed.
II.
English
objected to this recommendation. When objections are filed,
the Court must “make a de novo determination of those
portions of the report or specified findings or
recommendations to which objection is made, ” 28 U.S.C.
§ 636(b)(1); see also United States v. Raddatz,
447 U.S. 667 (1980); United States v. Walters, 638
F.2d 947 (6th Cir. 1981), and determine whether the
recommendation should be accepted, rejected, or modified in
whole or in part, 28 U.S.C. § 636(b)(1). “The
filing of objections provides the district court with the
opportunity to consider the specific contentions of the
parties and to correct any errors immediately, ”
Walters, 638 F.2d at 950, enabling the court
“to focus attention on those issues - factual and legal
- that are at the heart of the parties' dispute, ”
Thomas v. Arn, 474 U.S. 140, 147 (1985).
English's
objections do not tell us much. This is what he wrote. First
objection: “My name is Troy English, and I received
paper No. 19-12933, and Magistrate Judge David R. Grand
dismissed the case about the UIA agency paying me benefits
from 7/27/16 through 7/27/17, in which I went on medical then
finding out that my company II Enterprises fired me on
5/1/17, in which I did not know that you can apply for
benefits, I was released from my doctor that I could go back
to work, on 6/22/17, in which I had know job, so I would like
to protest/appeal the judges decision, on this case.”
(not cleaned up).
Second
objection: “My name is Troy English and I received
papers on the No. 10-12933 [sic] to be dismissed by Judge
David R. Grand, and I am object to and seek review of this
order and report and recommendation.”
These
objections do not explain why English thinks Judge Grand was
wrong when he recommended that the complaint be dismissed as
...