Opinion
359639
08-02-2022
Robert Hezekiah Prescott v. F Komeiczki
Stephen L. Borrello Presiding Judge Michael J. Kelly Amy Ronayne Krause Judges
ORDER
The complaint for mandamus and motion for default judgment are DISMISSED as to defendants L. Trott, Doe Number One, and Doe Number Two for failure to pursue the case in conformity with the rules. MCR 7.201(B)(3) and 7.216(A)(10). The Clerk of this Court provided notice regarding the nature of the defect in this filing, and the defect was not corrected in a timely manner by providing this Court with proof of service of each filing on these defendants.
The complaint for mandamus and motion for default judgment are DISMISSED as to defendant F. Komeiczki for lack of jurisdiction because he is not a state officer. MCR 3.305(A)(1); Schobert v Inter-Co Drainage Bd, 342 Mich. 270; 69 N.W.2d 814 (1955).
The dismissals are without prejudice to plaintiff filing the complaint for mandamus in the circuit court. MCR 3.305(A)(2).