Richard Hoyer; Mary Hoyer v. M I C H I G A N U N I T E D F O O D & Commercial Workers Unions & Employers Health &…

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 07a0249n.06
Filed: April 4, 2007
No. 05-1912
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
RICHARD HOYER; MARY HOYER,
Plaintiffs-Appellants,
v.
M I C H I G A N U N I T E D F O O D &
COMMERCIAL WORKERS UNIONS &
EMPLOYERS HEALTH & WELFARE
FUND,
Defendant-Appellee.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF MICHIGAN
Before: SUHRHEINRICH, CLAY and SUTTON, Circuit Judges.
PER CURIAM. In this dispute over the payment of medical claims under the Employee
Retirement Income Security Act, 29 U.S.C. § 1001 et seq., Richard and Mary Hoyer appeal the
district court’s dismissal of their claims against the Michigan United Food and Commercial Workers
Unions and Employers Health and Welfare Fund.
The Hoyers, as pro se appellants, have informed the Court that they never authorized their
former attorney to file this appeal. They maintain that they did not wish to appeal—wanting instead
to be “out of the court system.” Br. at 2. In their appellate brief, the Hoyers have not raised any
issues on appeal, see United States v. Johnson, 440 F.3d 832, 846 (6th Cir. 2006) (noting that “[a]n

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No. 05-1912
Hoyer v. Mich. UFCW Unions
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appellant abandons all issues not raised and argued in its initial brief on appeal”) (internal quotation
marks omitted), even going so far as to acknowledge that the district court did not make any legal
errors, Br. at 2.
Both parties do address the Fund’s motion for costs. But in its order of July 25, 2005, the
district court stayed the Fund’s request for costs pending our resolution of this appeal. Because the
district court has not ruled on this claim for costs, the issue is not properly before us. See Soliday
v. Miami County, Ohio, 55 F.3d 1158, 1165 (6th Cir. 1995).
The Hoyers having abandoned or otherwise waived all of their appellate arguments, we
dismiss this appeal.

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