Probst v. Comerica Bank
District Court, W.D. Michigan
Probst v. Comerica Bank
Trial Court Opinion
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SCOTT LAWRENCE PROBST,
Plaintiff,
Case No. 1:25-cv-954
v.
HON. JANE M. BECKERING
COMERICA BANK, et al.,
Defendants.
____________________________/
OPINION AND ORDER
This is a pro se civil action through which Plaintiff Scott Probst attempts to challenge state
court foreclosure proceedings (Complaint, ECF No. 1). The matter was referred to the Magistrate
Judge (ECF No. 7), who issued a Report and Recommendation (R&R) recommending that the
Court dismiss the Complaint for lack of subject matter jurisdiction under Apple v. Glenn, 183 F.3d
477 (6th Cir. 1999) (see R&R, ECF No. 8). The matter is presently before the Court on Plaintiff’s
eight objections to the Report and Recommendation (Obj., ECF No. 9). In accordance with 28
U.S.C. § 636(b)(1) and FED. R. CIV. P. 72(b)(3), the Court has reviewed de novo those portions of
the Report and Recommendation to which Plaintiff has objected. The Court denies the objections
and issues this Opinion and Order.
Plaintiff has submitted a four-page document entitled “Plaintiff’s Objections to the
Magistrate Judge’s Report and Recommendation,” along with several exhibits, and he has
identified eight objections by separate headers (Obj., ECF No. 9). That said, Plaintiff has not
“specifically identif[ied]” the portions of the Report and Recommendation to which his objections
are made, and he has not meaningfully articulated the basis for several of these “objections,” which
largely restate arguments from his Complaint. See W.D. Mich. LCivR 72.3(b).
Plaintiff first objects to the Magistrate Judge’s application of the “Rooker-Feldman
Doctrine,” which indicates that the Court lacks jurisdiction over this matter (compare Obj., ECF
No. 9 at PageID.41 with R&R, ECF No. 8 at PageID.35). Plaintiff does not meaningfully engage
with the Magistrate Judge’s analysis or with the authorities cited in the Report and
Recommendation establishing that the Court lacks jurisdiction (R&R, ECF No. 8 at PageID.35).
Plaintiff offers only conclusory statements—largely repeating arguments from his Complaint—
and he does not identify relevant authority in support of his objection. The objection is denied.
Second, Plaintiff “objects” that several “state court orders [were] entered without
jurisdiction after removal” (Obj., ECF No. 9 at PageID.41). Although Plaintiff’s submission is not
a model of clarity, this “objection” appears to focus more on state court foreclosure proceedings
than on the Report and Recommendation (see id.). As noted by the Magistrate Judge, Plaintiff
misinterprets the procedural history of this case, offers unintelligible arguments, cites no relevant
authority, and does not meaningfully address the Magistrate Judge’s analysis on this point (R&R,
ECF No. 8 at PageID.34–37). This objection is also denied.
Third, Plaintiff “objects” that the Magistrate Judge should have recognized that Plaintiff
properly lodged a “March 28, 2025 Jurisdiction Challenge” to the authority of the state court
handling his foreclosure matter, and Plaintiff further states that this challenge was “ignored”
because various participants in his state court proceedings failed to “affirmatively establish
jurisdiction on the record” (Obj., ECF No. 9 at PageID.37). This objection restates sections of
Plaintiff’s Complaint (ECF No. 1 at PageID.7). The Magistrate Judge noted that this argument “is
frivolous” (R&R, ECF No. 8 at PageID.37). Defendant does not identify arguments or authority
undermining the Report and Recommendation on this point, and the Court denies the objection.
Fourth, Plaintiff provides an objection header that reads “Comerica has not proven
standing,” and he further states that the “Magistrate Judge erred in concluding Plaintiff cannot
challenge the foreclosure” (id.). Plaintiff repeats his prior arguments and makes conclusory
references to “UCC 3-301” and “Michigan law” in an attempt to challenge his state foreclosure
proceedings, but he does not substantively engage with the Report and Recommendation (see Obj.,
ECF No. 9 at PageID.42). The Magistrate Judge notes that “Probst does not allege what Comerica
misrepresented about its ‘legal standing,’ or when or to whom it made such misrepresentation”
(R&R, ECF No. 8 at PageID.36). This objection is denied.
Fifth, Plaintiff asserts that the “Magistrate Judge erred in holding that the [Fair Debt
Collection Practices Act] was not implicated” here, arguing that lenders made “false and
misleading statements” about a “debt obligation” in his state court proceedings (Obj., ECF No. 9
at PageID.42). Plaintiff offers little more than this conclusory statement, and he does not address
the relevant analysis offered by the Magistrate Judge. This objection is also denied.
Sixth, Plaintiff “objects” that “[p]rivate parties who conspire with a judge to deprive
constitutional rights may be liable under 42 U.S.C. § 1983,” but he does not link this objection to
the Magistrate Judge’s analysis, address the binding authority cited in the Report and
Recommendation, or offer anything more than conclusory and opaque statements (Obj., ECF No.
9 at PageID.42–43). This objection is denied.
Seventh, Plaintiff argues that the Magistrate Judge “erred in finding that Court Officer
Regan Higgs was protected by quasi-judicial immunity” given that “Higgs enforced a void eviction
order issued without jurisdiction” (Obj., ECF No. 9 at PageID.43). Plaintiff again attempts to
relitigate elements of his state court foreclosure proceedings, fails to identify relevant authority,
and does not engage with the Magistrate Judge’s reasoning (id.). This objection is denied.
Finally, Plaintiff argues that his “state-law claims are not frivolous” and that the Magistrate
Judge’s reliance on Apple v. Glenn “was error” (Obj., ECF No. 9 at PageID.43). These conclusory
statements do not undermine the Report and Recommendation. This objection is also denied.
In sum, Plaintiff fails to establish any factual or legal error in the Magistrate Judge’s
analysis or conclusion. Accordingly, this Court adopts the Magistrate Judge’s Report and
Recommendation as the Opinion of this Court.1 A Judgment will be entered consistent with this
Opinion and Order. See FED. R. CIV. P. 58.
Therefore:
IT IS HEREBY ORDERED that Plaintiff’s Objections (ECF No. 9) are DENIED and the
Report and Recommendation of the Magistrate Judge (ECF No. 8) is APPROVED and ADOPTED
as the Opinion of the Court.
IT IS FURTHER ORDERED that the Complaint (ECF No. 1) is DISMISSED WITH
PREJUDICE for lack of subject matter jurisdiction.
Dated: October 1, 2025 /s/ Jane M. Beckering
JANE M. BECKERING
United States District Judge
1 Given the allegations in the Complaint at bar and the Court’s dismissal under Apple v. Glenn,
183 F.3d 477 (6th Cir. 1999), dismissal with prejudice is appropriate here. See, e.g., Doherty v.
Borisch, 2025 WL 2172539, at *1 (W.D. Mich. July 31, 2025) (dismissing an “implausible,
attenuated, unsubstantial” complaint under similar circumstances with prejudice). This Order
renders the additional pending motions in this case moot and the case will be closed.
Reference
- Status
- Unknown