Reed v. Berger Hospital et al

Filing 13

ORDER ADOPTING the REPORT AND RECOMMENDATION 2 and this case is DISMISSED WITHOUT PREJUDICE. Signed by Judge Gregory L Frost on 11/7/11. (sem1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Samantha Sue Reed,
Plaintiff

:

Berger Hospital, et al.,
Defendants.

Civil Action 2:11-cv-876

:

v.

:

Judge Gregory L. Frost

:

Magistrate Judge Abel

:

ORDER ADOPTING REPORT AND RECOMMENDATION

On October 13, 2011, the Magistrate Judge issued an initial screening report
and recommendation under 28 U.S.C. §1915(e)(2) of the complaint in this case, to
identify cognizable claims, and to dismiss the complaint, or any part of it, which is
frivolous, malicious, fails to state a claim upon which relief may be granted, or
seeks monetary relief from a defendant who is immune from such relief. He
recommended that the complaint be dismissed because it failed to plead subject
matter jurisdiction as required by Fed. R. Civ. P. 8(a). This matter is now before
the Court for de novo review of Plaintiff’s October 27, 2011 Objections.
Plaintiff alleged in her complaint that she suffered severe complications
following an April 2010 hysterectomy performed by Defendant Dr. David Goldfarb,
and sought damages for medical bills, pain and suffering, and loss of employment
due to inability to work. In her objections, she reiterated that she is continuing to
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suffer from Defendants’ alleged malpractice, and is facing at least two corrective
surgeries. However, as the Magistrate Judge stated, a federal court only has
jurisdiction to hear cases that either involve federal law or are between citizens of
different states. 28 U.S.C. §1331, 1332. Plaintiff’s claims of medical malpractice
appear to arise under Ohio law, not federal law. Furthermore, all defendants
appear to be residents of Ohio. Therefore, the United States District Court (unlike
a state common pleas court) cannot hear this case or grant Plaintiff the relief she
requests.
Because this court does not have jurisdiction to hear the claims brought in
Plaintiff’s complaint, the Report and Recommendation of the Magistrate Judge
(ECF No. 2) is ADOPTED and this case is DISMISSED WITHOUT PREJUDICE.
As Plaintiff’s objections are accompanied by her personal medical records, the
Clerk of Court is DIRECTED to seal ECF No. 8.

/s/ Gregory L. Frost
GREGORY L. FROST
United States District Judge

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