Tyran v. People of the United States

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DAVID J.W. TYRAN, JR.,
Plaintiff,
v.
THE PEOPLE OF THE UNITED STATES,
Defendant.
___________________________________/
Case No. 1:26-cv-898
Hon. Hala Y. Jarbou
ORDER
Before the Court is Magistrate Judge Phillip J. Green’s report and recommendation (R&R)
that the Court grant Defendant United States’s motion and dismiss this case for failure to state a
claim and/or lack of jurisdiction (ECF No. 36). No party has filed objections to the R&R, and the
deadline for doing so expired on March 26, 2026. Upon review, the Court concludes that the R&R
makes a sound recommendation. Also pending is Plaintiff’s motion for default judgment against
the United States (ECF No. 38). The Court will deny the motion because Plaintiff has not sought
an entry of default from the Clerk of Court, see Fed. R. Civ. P. 55(a), and the United States has
timely responded to Plaintiff’s complaint (see ECF No. 21).
Accordingly,
IT IS ORDERED that Plaintiff’s motion for default judgment (ECF No. 38) is DENIED.
IT IS FURTHER ORDERED that the R&R (ECF No. 36) is APPROVED and
ADOPTED as the opinion of the Court.
IT IS FURTHER ORDERED that the United States’s motion to dismiss (ECF No. 21) is
GRANTED.
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IT IS FURTHER ORDERED that Plaintiff’s claims are DISMISSED WITHOUT
PREJUDICE for failure to state a claim and/or lack of jurisdiction.
A judgment will issue in accordance with this order.
Dated: March 27, 2026 /s/ Hala Y. Jarbou
HALA Y. JARBOU
CHIEF UNITED STATES DISTRICT JUDGE
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