A magistrate judge in western Michigan has recommended that the federal lawsuit filed by Curtis Blackwell against Mark Dantonio and other former Michigan State University employees be dismissed, according to a report.

The Detroit Free Press reported that U.S. magistrate judge Sally J. Berens made the recommendation, and it will now go to a federal judge. That judge will then determine whether the suit should be tossed out.

Blackwell’s attorney’s made “misleading statements” and sought “discovery on issues unrelated to the claim,” according to the report. Berens also recommended that Blackwell’s attorneys, Andrew Paterson and Thomas Warnicke, be removed from counsel for misusing court processes.

In the lawsuit, attorney’s accused Dantonio of being warned of the sexual assault history of former Spartan football player Auston Robertson. However, Dantonio allegedly went against the advice of his assistant coaches and signed Robertson anyway. Blackwell’s counsel also accused Dantonio of committing NCAA recruiting violations.

Berens wrote that bringing up the NCAA rules violations “were well over” the line.

Former Michigan State University President Lou Anna Simon, ex-athletic director Mark Hollis and two university police officers were also defendants in the lawsuit.