1

 The Magistrate Judge recommends dismissal on two alternate bases: (1) a

dismissal of all claims in Plaintiff’s Complaint, based on Plaintiff’s lack of standing to

assert any claims on behalf of his father, James King, the real party-in-interest, which

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

E. NOEL KING,

Plaintiff, No. 08-CV-14864-DT

vs. Hon. Gerald E. Rosen

IB PROPERTY HOLDINGS

ACQUISTION, et al.,

Defendants.

________________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S

REPORT AND RECOMMENDATION AND

DISMISSING PLAINTIFF’S COMPLAINT, IN ITS ENTIRETY

At a session of said Court, held in

the U.S. Courthouse, Detroit, Michigan

on June 26, 2009 

PRESENT: Honorable Gerald E. Rosen

 Chief Judge, United States District Court

This matter having come before the Court on the June 4, 2009 Report and

Recommendation of United States Magistrate Judge Michael Hluchaniuk recommending

that the Court (1) grant Defendants’ Motions to Dismiss Plaintiff’s Complaint, in part (2)

deny Plaintiff’s Motion for Preliminary Injunction, and (3) dismiss Plaintiff’s Complaint,

in its entirety, with prejudice, as to Plaintiff E. Noel King, but without prejudice, as to the

real party-in-interest, Plaintiff’s father James King (who is not a party to this action);1

 and

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would be without prejudice to the real party-in-interest, James King, except as to the

Fourteenth Amendment due process claim, which the Magistrate Judge recommends be

dismissed with prejudice and (2) a dismissal of Plaintiff’s Complaint in its entirety, with

prejudice, except as to the real part-in-interest, based on Plaintiff’s violation of Fed. R.

Civ. P. 11.

Plaintiff having timely filed Objections to the R&R, and Defendant Herold & Associates

having responded to Plaintiff’s Objections; and the Court having reviewed the detailed

Report and Recommendation, Plaintiff’s Objections, Defendant Herold’s Response, and

the Court’s entire file of this matter, and having determined that for reasons stated by the

Magistrate Judge, Plaintiff’s Complaint should be dismissed, in its entirety; and the Court

being otherwise fully advised in the premises,

NOW, THEREFORE,

IT IS HEREBY ORDERED that the Magistrate Judge’s June 4, 2009 Report and

Recommendation is hereby adopted by the Court.

IT IS FURTHER ORDERED that, for the reasons stated in the Report and

Recommendation, Defendants’ Motions to Dismiss [Dkt. Nos. 4 and 8] are GRANTED,

in part.

IT IS FURTHER ORDERED that Plaintiff’s Motion for Preliminary Injunction

[Dkt. No. 2] is DENIED.

IT IS FURTHER ORDERED that Defendant Herold & Associates Motion for

Sanctions [Dkt. No. 9] is denied to the extent that Defendant requests an order directing

Plaintiff to pay Herold’s costs and fees.

IT IS FURTHER ORDERED that Plaintiff’s Complaint be, and, hereby is,

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DISMISSED, in its entirety, with prejudice, as to Plaintiff E. Noel King, but without

prejudice, as to the real-party-in-interest, James King.

Let Judgment be entered accordingly.

s/Gerald E. Rosen 

Chief Judge, United States District Court

Dated: June 26, 2009

CERTIFICATE OF SERVICE

I hereby certify that on June 26, 2009 , I electronically filed the foregoing paper with the

Clerk of the Court using the ECF system which will send notification of such filing to the

following: Steven A. Matta; Michael J. Sullivan; Monika L. Sullivan , and I

hereby certify that I have mailed by United States Postal Service the paper to the following nonECF participants:

 E. Noel King, 4626 Stoneleigh Road, Bloomfield Hills, MI 48302 .

s/Ruth A. Brissaud 

Ruth A. Brissaud, Case Manager

(313) 234-5137

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