Powell v. Cape Fear Valley Hospital

Filing 8

ORDER ADOPTING 6 Memorandum and Recommendation, filed by US Magistrate Judge William A. Webb. The plaintiff's claims are dismissed and the clerk is ordered to enter judgment accordingly and to close the file. Signed by US District Judge Terrence W. Boyle on 6/2/2014. Copy mailed to pro se plaintiff via US Mail. (Fisher, M.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:14-CV-160-BO
NEAL ADVIN POWELL,
Plaintiff,
v.

CAPE FEAR VALLEY HOSPITAL,
Defendant.

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ORDER

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This matter is before the Court on the Memorandum and Recommendation ("M&R") of
United States Magistrate Judge William A. Webb [DE 6]. The Court ADOPTS the M&R.
Plaintiffs claims are DISMISSED.

BACKGROUND
Plaintiff, an inmate at the Cumberland Detention Center in Fayetteville, North Carolina
filed a complaint alleging negligence and medical malpractice against Cape Fear Valley
Hospital, a private hospital, on March 18, 2014. After conducting a frivolity review pursuant to
28 U.S.C. § 1915(e)(2), Magistrate Judge Webb filed his M&R on April 23, 2014 and
recommended that the complaint be dismissed for lack of subject matter jurisdiction. Plaintiff did
not object to the M&R.

DISCUSSION
The Court adopts the M&R because plaintiff has made no objections to it and because the
M&R is not clearly erroneous or contrary to law. 28 U.S.C. § 636 (b)(1)(B). A district court is
only required to review an M&R de novo if the plaintiff specifically objects to it or in cases of
plain error. !d.; Thomas v. Arn, 474 U.S. 140, 149-50 (1985). The Magistrate Judge found that

there was no diversity jurisdiction and plaintiffs complaint stated no cognizable federal claim
and therefore recommended that the complaint be dismissed for lack of subject matter
jurisdiction. The Magistrate Judge has not committed plain error in this instance. Therefore, the
Court adopts the Magistrate Judge's recommendations and dismisses plaintiffs complaint.
CONCLUSION

For the foregoing reasons, the Court ADOPTS the Magistrate Judge's recommendations
[DE 6]. Accordingly, plaintiffs claims are DISMISSED. The Clerk is directed to enter judgment
accordingly and to close the file.
SO ORDERED, this~ day of June, 2014.

NCE W. BOYL
UNITED STATES DISTRIC
T

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