Bye v. Munn et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MICHAEL ROBERT BYE,
Plaintiff,
v.
JUSTUN MUNN, et al.,
Defendants.
____________________________/
Case No. 1:23-cv-1312
HON. JANE M. BECKERING
OPINION AND ORDER
This is a pro se action filed pursuant to 42 U.S.C. § 1983. 1 The matter was referred to the
Magistrate 	Judge, 	who 	issued 	a 	Report 	and 	Recommendation 	on 	December 	17, 	2025,
recommending that this Court dismiss Plaintiff’s claims against the sole remaining Defendant,
Dave Cunningham, for lack of subject matter jurisdiction. The Report and Recommendation was
duly served on the parties. 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. 66) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that Plaintiff’s claims against Defendant Cunningham are
dismissed without prejudice for lack of subject matter jurisdiction.
IT IS FURTHER ORDERED that Defendant Cunningham is terminated from this case.
1 	The 	Court 	previously 	entered 	an 	Opinion 	and 	Order 	adopting 	a 	prior 	Report 	and
Recommendation, granting summary judgment for Defendant Justun Munn, and terminating him
from this case (see ECF No. 65).
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2
IT IS FURTHER ORDERED that Plaintiff’s motions to dismiss without prejudice as to
Defendant Cunningham (ECF Nos. 67 & 68) are dismissed as moot.
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 because Plaintiff failed to file any
objections. 	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: January 21, 2026
JANE M. BECKERING
United States District Judge
/s/ Jane M. Beckering
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