Opinion
Case No. 1:14-mc-009
05-21-2014
IN RE: Miykael Muhammed ex rel. Michael Gardner & Ada Gardner.
ORDER
This matter is before the Court on Magistrate Judge Bowman's Report and Recommendation of April 22, 2014 (Doc. No. 6) and Plaintiff Miykael Muhammed's objections to the Report and Recommendation. Doc. No. 7. For the reasons that follow, Plaintiff's objections are not well-taken and are OVERRULED. The Court ADOPTS the Report and Recommendation to the extent it recommends dismissing Plaintiff's complaint. However, because the basis for dismissal is the Court's lack of subject matter jurisdiction, the complaint will be DISMISSED WITHOUT PREJUDICE.
Plaintiff filed a complaint purporting to invoke the Court's diversity jurisdiction and an application to proceed in forma pauperis. Plaintiff's complaint moves the Court to appoint him the administrator of the estates of Ralph and Ada Gardner. Reviewing the complaint sua sponte pursuant to 28 U.S.C. § 1915(e)(2)(B) to determine if any of it should be stricken because it is malicious, frivolous, or fails to state a claim for relief, Judge Bowman concluded that the Court lacks subject matter jurisdiction in this case pursuant to the "probate exception." Under the probate exception, the "jurisdiction of the courts does not extend to claims requiring (1) interference with probate proceedings, (2) assumption of general jurisdiction over probate, or (3) assumption of control over property in the custody of a state court." Evans v. Pearson Enter., Inc., 434 F.3d 839, 847 (6th Cir. 2006). Judge Bowman concluded that Plaintiff's complaint to be appointed administrator of these estates falls squarely within the probate exception. Judge Bowman, therefore, concluded that the complaint fails to state a claim for relief and recommended dismissing the complaint with prejudice.
Plaintiff filed timely objections to the Judge Bowman's report, but he fails to address her undoubtedly correct conclusion that the probation exception precludes the Court from assuming jurisdiction over the complaint. Plaintiff's request to be appointed administrator of the decedents' estates clearly is a request for the Court to assume general jurisdiction over a probate matter. Consequently, the Court lacks subject matter over the complaint. See id. Accordingly, Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE. Mitan v. International Fid. Ins. Co., 23 Fed. Appx. 292, 298 (6th Cir. 2001) ("Dismissals of actions that do not reach the merits of a claim, such as dismissals for lack of jurisdiction, ordinarily are without prejudice.")
The Court certifies pursuant to 28 U.S.C.A. § 1915(a)(3) that an appeal of this order would not be taken in good faith, and therefore DENIES Plaintiff leave to appeal in forma pauperis. See Fed. R. App. P. 24(a); Kincade v. Sparkman, 117 F.3d 949, 952 (6th Cir. 1997).
IT IS SO ORDERED.
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Sandra S. Beckwith
Senior United States District Judge