Diede v. UNC Healthcare et al
ORDER adopting 3 Memorandum and Recommendations. Plaintiff's battery claim is DISMISSED, and defendants Beth Paganini-Finch, Bradley Jensen, Christina Vanessa Daniels, and Jerry Unknown are DISMISSED from the action. Plaintiff's Tit le VII claims for hostile work environment and retaliation and assault claim against defendants UNC Healthcare and Hussari remain. The Clerk is DIRECTED to issue the summonses plaintiff provided for UNC Healthcare and Hussari. The U.S. Marshal is DIRECTED to serve the summonses and complaint on defendants. Signed by Senior Judge W. Earl Britt on 2/23/2017. Order to plaintiff via US Mail at 130 So Estes Dr., Camelot Village A10, Chapel Hill, NC 27514. (Marsh, K)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
UNC HEALTHCARE, et al.,
This matter is before the court on the 20 January 2017 Memorandum and
Recommendation (AM&R@) of U.S. Magistrate Judge Robert T. Numbers, II. (DE # 3.) In the
M&R, Judge Numbers recommends that some of plaintiff’s claims be dismissed without
prejudice, in part, because she has failed to state a claim upon which relief may be granted. He
also recommends that some of plaintiff’s claims against defendants UNC Healthcare and Rajai
Hussari be allowed to proceed. On 1 February 2017, plaintiff filed a response to the M&R, (DE
# 5), and on 16 February 2017, she filed an “updated” response, (DE # 6). The court treats these
two filings as an objection to the M&R. As such, the court conducts a de novo review of those
portions of the M&R to which plaintiff has lodged an objection. See 28 U.S.C. ' 636(b)(1).
Based on plaintiff’s two recent filings, it appears that she only objects to the
recommendation that her claim for battery be dismissed. Judge Numbers concluded that this
claim should be dismissed because “[t]he facts supporting this claim have not been clearly
articulated, nor a causal link established between actions by the Defendants and any resulting
injury to Diede.” (M&R, DE # 3, at 9.) Plaintiff appears to request that the court defer
dismissal of the claim for three months to enable her to gather medical evidence in support of the
claim. (See DE # 5, at 2 (“DEFER BATTERY CHARGE for an initial period of 3 months
(May 5. 2017), so that I can obtain medical treatment, diagnosis . . . .”); DE # 6, at 2 (“However,
as requested in my response dated January 28, I would like to be granted the ability to proceed to
determine the justified cause of my injury . . . . I am therefore reiterating the request DEFER
the BATTERY charge.”).) The court declines to do so. If and when plaintiff feels she has
garnered enough evidence to state a claim for battery, she may file a motion to amend her
In her 1 February 2017 filing, plaintiff also requests that the court order the University of
North Carolina to assume the expenses related to plaintiff’s medical insurance and treatment.
There is no legal basis at this time for the court to so order.
The court ADOPTS the M&R as its own. For the reasons stated therein, plaintiff’s
battery claim is DISMISSED, and defendants Beth Paganini-Finch, Bradley Jensen, Christina
Vanessa Daniels, and Jerry Unknown are DISMISSED from the action. Plaintiff’s Title VII
claims for hostile work environment and retaliation and assault claim against defendants UNC
Healthcare and Hussari remain. The Clerk is DIRECTED to issue the summonses plaintiff
provided for UNC Healthcare and Hussari. The U.S. Marshal is DIRECTED to serve the
summonses and complaint on defendants.
This 23 February 2017.
W. Earl Britt
Senior U.S. District Judge
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