Miller v. Interurban Transit Partnership ( 2019 )

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION F.J. MILLER, Plaintiff, Case No. 1:18-cv-905 v. HONORABLE PAUL L. MALONEY INTERURBAN TRANSIT PARTNERSHIP, et al., Defendants. _______________________________/ ORDERADOPTING REPORT ANDRECOMMENDATION Plaintiff initiated this lawsuit by filing his complaint against Interurban Transit Partnership, the City of Grand Rapids, and Grand Valley State University on August 13, 2018. All three Defendants have filed motions to dismiss. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation onAugust 7, 2019,recommending that this Court grant the motions and enter judgment. The Report and Recommendation was duly served on the parties. Upon his request, Plaintiff was granted an extension of the deadline to file objections to the Report and Recommendation (ECF No. 35). However, no objections have been filed. See 28 U.S.C. § 636(b)(1). Therefore, IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 33) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that the Motions to Dismiss (ECF Nos. 9, 12, and 20) are GRANTED for the reasons stated in the Report and Recommendation. Plaintiff’s complaint is DISMISSED. IT IS FURTHER ORDERED that this Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this decision would not be taken in good faith. See McGore v. Wrigglesworth, 114 F.3d 601, 610-11 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199, 206, 211-12 (2007). A Judgment will be entered consistent with this Order. Dated: September 4, 2019 /s/ Paul L. Maloney Paul L. Maloney United States District Judge