Opinion
Civil No. 3:14-cv-01555
12-29-2015
ED RUSSELL doing business as Alley Roads Music BMI, Plaintiff, v. JAMES A RICHARDSON, JR., ET AL., Defendants
Magistrate Judge Brown ORDER
On August 17, 2015, the magistrate judge issued a Report and Recommendation (DE #104), to which the pro se plaintiff has filed timely objections (Docket No. 108). The magistrate judge recommends that this entire action be dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(I).
When a magistrate judge issues a report and recommendation regarding a dispositive pretrial matter, the district court must review de novo any portion of the report and recommendation to which a specific objection is made. Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1)©; United States v. Curtis, 237 F.3d 598, 603 (6 Cir. 2001); Massey v. City of Ferndale, 7 F.3d 506, 510 (6 Cir. 1993). Objections must be specific; an objection to the report in general is not sufficient and will result in waiver of further review. See Miller v. Currie, 50 F.3d 373, 380 (6 Cir. 1995).
The magistrate judge interpreted a filing by the plaintiff as indicative of the fact that Mr. Russell d/ b/a Alley Roads Music BMI had no legal interest in this action. (Docket No. 104 at 4). To the contrary, as initially found by this judge, the alleged songwriter, Johnny Spears, transferred his rights to the song at issue to plaintiff Russell and his company in 2004 (Docket No. 4 at 2), and it is that interest that plaintiff Russell is seeking to pursue in this action. This court does not find it appropriate to dismiss this case at this point on the basis that Mr. Russell is continuing to assert the interests of Mr. Spears in contravention of court orders. In fact, he is attempting, at this point, to assert his own interests.
For the reasons expressed herein, the Report and Recommendation is REJECTED, and this case is returned to the magistrate judge for further handling under the original referral order.
It is so ORDERED.
ENTER this 29 day of December 2015.
/s/_________
ALETA A. TRAUGER
U.S. District Judge