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Prescott v. F Komeiczki

Court of Appeals of Michigan
Aug 2, 2022
No. 359639 (Mich. Ct. App. Aug. 2, 2022)

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).


Summaries of

Prescott v. F Komeiczki

Court of Appeals of Michigan
Aug 2, 2022
No. 359639 (Mich. Ct. App. Aug. 2, 2022)
Case details for

Prescott v. F Komeiczki

Case Details

Full title:Robert Hezekiah Prescott v. F Komeiczki

Court:Court of Appeals of Michigan

Date published: Aug 2, 2022

Citations

No. 359639 (Mich. Ct. App. Aug. 2, 2022)