HARKEN v. CITY OF LANSING, 1:16-cv-1018. (2017)
Court: District Court, W.D. Michigan
Number: infdco20170327c55
Visitors: 9
Filed: Mar. 24, 2017
Latest Update: Mar. 24, 2017
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION PAUL L. MALONEY , District Judge . 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 stag
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION PAUL L. MALONEY , District Judge . 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..
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ORDER ADOPTING REPORT AND RECOMMENDATION
PAUL L. MALONEY, District Judge.
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, 211-12 ("[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.
Source: Leagle
