Rytlewski v. United States of America, No. 1:2022cv00379 - Document 21 (W.D. Mich. 2023)

Court Description: MEMORANDUM OPINION AND ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 15 ; granting the motion to dismiss 11 ; judgment to issue; signed by District Judge Jane M. Beckering (lep)

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Rytlewski v. United States of America Doc. 21 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ROBERT ALLEN RYTLEWSKI, Plaintiff, Case No. 1:22-cv-379 v. HON. JANE M. BECKERING UNITED STATES OF AMERICA, Defendant. ____________________________/ MEMORANDUM OPINION AND ORDER Plaintiff Robert Allen Rytlewski, proceeding pro se, initiated this action against Defendant United States in state court. The United States removed the action to this Court and filed a motion to dismiss, which was unopposed. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation (R&R), recommending that this Court grant the motion and dismiss this case for lack of subject-matter jurisdiction. The matter is presently before the Court on Plaintiff’s objection to the Report and Recommendation. In accordance with 28 U.S.C. § 636(b)(1) and FED. R. CIV. P. 72(b)(3), the Court has performed de novo consideration of the portion of the Report and Recommendation to which objection has been made. Plaintiff’s objection demonstrates his disagreement with the Magistrate Judge’s conclusion but no factual or legal error in the Magistrate Judge’s analysis. Accordingly, this Court denies the objection and adopts the Magistrate Judge’s Report and Recommendation as the Opinion of this Court. A Judgment will also be entered. See FED. R. CIV. P. 58. Therefore: Dockets.Justia.com IT IS HEREBY ORDERED that the Objection (ECF No. 17) is DENIED and the Report and Recommendation of the Magistrate Judge (ECF No. 15) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that the Motion to Dismiss (ECF No. 11) is GRANTED for the reasons stated in the Report and Recommendation. /s/ Jane M. Beckering JANE M. BECKERING United States District Judge Dated: March 3, 2023 2

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