1:25-cv-01201•Hawkins v. DHS Social Service et al
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1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LEON HAWKINS, Plaintiff, Hon. Hala Y. Jarbou v. Case No. 1:25-CV-1201 DHS SOCIAL SERVICE, et al., Defendants. _________________________________/ REPORT AND RECOMMENDATION Plaintiff initiated this action October 7, 2025. (ECF No. 1). Because Plaintiff has been permitted to proceed as a pauper (ECF No. 4), the Court has reviewed Plaintiff’s complaint pursuant to 28 U.S.C. § 1915(e)(2) to determine whether it is frivolous, malicious, or fails to state a claim upon which relief can be granted. Pursuant to 28 U.S.C. § 636(b)(1)(B), the undersigned recommends that Plaintiff’s complaint be dismissed as detailed herein. BACKGROUND Plaintiff initiated this action against: (1) Medicare; (2) Social Security; (3) Michigan DHS Human Research Center (DHS); (4) Lansing Police Department (LPD); and (5) Capital Area Transit Authority (CATA). While much of Plaintiff’s complaint is indiscernible, with references to slavery, Abraham Lincoln, and Dr. Martin Luther King, Jr., the genesis of this action appears to be an incident that Case 1:25-cv-01201-HYJ-PJG ECF No. 8, PageID.<pageID> Filed 10/20/25 Page 1 of 5
2 occurred while Plaintiff was riding a CATA bus. With respect to such, Plaintiff alleges the following. On August 27 or 28, 2025, Plaintiff was riding a CATA bus. At some point, the bus stopped, allowing Plaintiff to exit. Before Plaintiff could completely exit the bus, however, the bus doors closed on Plaintiff causing him to suffer serious physical injury. Plaintiff has included with his complaint copies of medical records supporting these allegations. (ECF No. 1-1, PageID.11-24). ANALYSIS A claim must be dismissed for failure to state a claim on which relief may be granted unless the “[f]actual allegations [are] enough to raise a right for relief above the speculative level on the assumption that all of the complaint s allegations are true.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 545 (2007). As the Supreme Court has held, to avoid dismissal, a complaint must contain “sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal, 556 U.S. 662, 677-78 (2009). This plausibility standard “is not akin to a ‘probability requirement,’ but it asks for more than a sheer possibility that a defendant has acted unlawfully.” If the complaint simply pleads facts that are “merely consistent with” a defendant’s liability, it “stops short of the line between possibility and plausibility of ‘entitlement to relief.’ ” Id. As the Court further observed: Two working principles underlie our decision in Twombly. First, the tenet that a court must accept as true all of the Case 1:25-cv-01201-HYJ-PJG ECF No. 8, PageID.<pageID> Filed 10/20/25 Page 2 of 5
3 allegations contained in a complaint is inapplicable to legal conclusions. Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice. . .Rule 8 marks a notable and generous departure from the hyper-technical, code-pleading regime of a prior era, but it does not unlock the doors of discovery for a plaintiff armed with nothing more than conclusions. Second, only a complaint that states a plausible claim for relief survives a motion to dismiss. . .Determining whether a complaint states a plausible claim for relief will, as the Court of Appeals observed, be a context-specific task that requires the reviewing court to draw on its judicial experience and common sense. But where the well pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged – but it has not “show[n]” – “that the pleader is entitled to relief.” Id. at 678-79 (internal citations omitted). I. Defendants Medicare, Social Security, DHS, and LPD While not entirely clear, it appears that, with respect to these Defendants, Plaintiff is alleging federal claims involving the Medicare Act and federal laws regarding fraud. (ECF No. 1-2, PageID.31). Plaintiff has failed to allege any facts, which, even if accepted as true, establish a claim against these Defendants. First, with respect to the Lansing Police Department, Plaintiff advances absolutely no allegations. Second, as for Medicare, Social Security, and DHS, Plaintiff has attached documents to his complaint that suggest that Plaintiff and/or his wife have experienced difficulties with medical insurance obtained via the Health Insurance Marketplace. (ECF No. 1-1, PageID.25-30). Aside from attaching these documents, however, Plaintiff has failed to allege any facts concerning this circumstance or implicating these Defendants. Accordingly, the undersigned Case 1:25-cv-01201-HYJ-PJG ECF No. 8, PageID.<pageID> Filed 10/20/25 Page 3 of 5
4 recommends that Plaintiff’s claims against these Defendants be dismissed for failure to state a claim. II. Defendant CATA With respect to CATA, Plaintiff appears to be asserting state law tort claims for personal injury. (ECF No. 1-2, PageID.31). While Plaintiff’s allegations suffice to state a claim, the Court declines to exercise supplemental jurisdiction over such claims. Pursuant to 28 U.S.C. § 1367(c)(3), the district court may decline to exercise supplemental jurisdiction over a state law claim if it “has dismissed all claims over which it has original jurisdiction.” Indeed, “if the federal claims are dismissed before trial. . .the state claims should be dismissed as well.” Taylor v. First of America Bank - Wayne, 973 F.2d 1284, 1287 (6th Cir. 1992) (quoting United Mine Workers v. Gibbs, 383 U.S. 715, 726 (1966)); see also, Bah v. Attorney General of the State of Tennessee, 610 Fed. Appx. 547, 555 (6th Cir., May 8, 2015) (same). As discussed above, the undersigned recommends that Plaintiff’s federal law claims be dismissed. Accordingly, the undersigned further recommends that the Court decline to exercise jurisdiction over Plaintiff’s state law claims and instead dismiss such without prejudice so that Plaintiff may pursue them in the appropriate state forum. CONCLUSION For the reasons discussed herein, the undersigned recommends that Plaintiff’s federal law claims be dismissed for failure to state a claim on which relief may be Case 1:25-cv-01201-HYJ-PJG ECF No. 8, PageID.<pageID> Filed 10/20/25 Page 4 of 5
5 granted. The undersigned further recommends that Plaintiff’s state law claims be dismissed without prejudice. For the same reasons the undersigned makes this recommendation, the undersigned finds that an appeal of such would be frivolous. Coppedge v. United States, 369 U.S. 438, 445 (1962). Accordingly, the undersigned further recommends that an appeal of this matter by Plaintiff would not be in good faith. OBJECTIONS to this Report and Recommendation must be filed with the Clerk of Court within fourteen days of the date of service of this notice. 28 U.S.C. § 636(b)(1)(C). Failure to file objections within the specified time waives the right to appeal the District Court’s order. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir.1981). Respectfully submitted, Dated: October 20, 2025 /s/ Phillip J. Green PHILLIP J. GREEN United States Magistrate Judge Case 1:25-cv-01201-HYJ-PJG ECF No. 8, PageID.<pageID> Filed 10/20/25 Page 5 of 5
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