Appeal from the United States District Court for the Eastern District of Michigan at Flint.
No. 4:22-cv-12492—Shalina D. Kumar, District Judge.
Argued: March 19, 2024
Decided and Filed: May 6, 2024
Before: COLE, CLAY, and BLOOMEKATZ, Circuit Judges.
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OPINION
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CLAY, Circuit Judge. Plaintiffs Heather, Lori, and Dale Kerchen filed a complaint
against Defendants the University of Michigan and Dr. James Woods, alleging violations under
42 U.S.C. § 1983 and Michigan state law. Defendants appeal the district court’s order denying
their motion to dismiss without prejudice and ordering limited discovery on whether this action
is barred by the statutes of limitations applicable to Plaintiffs’ claims. For the reasons stated
below, we REVERSE the district court’s denial of Defendants’ motion to dismiss, DISMISS
various claims for lack of jurisdiction as specified below, and REMAND for proceedings
consistent with this opinion. |